Posts Categorized: Articles

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee’s entitlement to certain benefits or employment rights. In the absence of an express term in the employee’s contract, if they are dismissed in writing and the letter is posted to their home address, when does the notice period commence? Does it run from… Read more »

The General Data Protection Regulation

The General Data Protection Regulation (GDPR), which replaced the EU Data Protection Directive, came into force on 25 May 2018 and now, together with the Data Protection Act 2018 (DPA 2018) forms a large part of the data protection regime in the UK. The GDPR is intended to achieve a high level of security of… Read more »

In Brief: Acas E-learning Modules

The Advisory, Conciliation and Arbitration Service (Acas) offers useful electronic learning modules on a variety of topics. These include: Acas Codes of Practice; Bullying & Harassment; Conflict Resolution; Contracts of Employment & Written Statements; Disability Discrimination and Reasonable Adjustments; Discipline & Grievance; Equality & Diversity; Flexible working; Handling Redundancy; Managing People; Mental Health Awareness for… Read more »

Workplace Stress – An Employer’s Duties

The Chartered Institute of Personnel and Development (CIPD) has published the findings of its sixteenth absence management survey, carried out in partnership with Simplyhealth. This provides useful benchmarking data for organisations on absence levels and the cost and causes of absence, as well as information on employee wellbeing. The number of organisations that reported seeing… Read more »

Vicarious Liability in the Workplace

The Supreme Court has ruled in two cases that dealt with the vicarious liability of employers for incidents that took place at work. Employee’s Extreme Acts In the first case (Mohamud v Wm Morrison Supermarkets plc) the Supreme Court upheld a damages claim brought by Ahmed Mohamud, an innocent customer who suffered serious head injuries… Read more »

The Right to Privacy and the Workplace

In the long-running case of Bărbulescu v Romania, the European Court of Human Rights (ECHR) looked at an employer’s right to examine an employee’s use of office computers for sending personal communications during working hours, in breach of the employer’s internal regulations, and ruled that the monitoring of the electronic communications was reasonable and an… Read more »

The Corporate Manslaughter Act

The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way in which it manages or organises its activities causes a death and amounts to a gross breach of a relevant duty of care to… Read more »

Employee Rest Breaks

Employers Must Be Proactive to Ensure Workers Get Proper Breaks Except in certain circumstances, an adult worker whose daily working time is more than six hours is entitled to a 20-minute uninterrupted rest break as laid down by Regulation 12(1) of the Working Time Regulations 1998 (WTR). In an important test case concerning a bus… Read more »

Drug Policy – Recognising the Signs and What to Do

Substance abuse amongst staff can affect all areas of employment, whether it be a decrease in productivity, increased absenteeism or the increased likelihood of accidents and injuries. The failure to identify and deal with a problem is an unnecessary risk for businesses and can prove costly. The Law The Misuse of Drugs Act 1971 makes… Read more »

Age Discrimination and Retirement

Since the abolition of the Default Retirement Age (DRA) in 2011, it is not permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010. This does not mean that employees will never be able to retire, but that an employer… Read more »