July/August 2018 #192 – Law Journals

Third-party harassment: Court of Appeal clarifies employers’ liability

A recent ruling has provided much-needed advice on whether an employer is liable if an employee is harassed by a third party such as a client, reports Phil Allen ‘Whatever the legal niceties, it will be advisable for an employer to take all actions it reasonably can to avoid harassment.’ Harassment is very much in …

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Transfers of undertakings: TUPE trials and tribulations

Charles Wynn-Evans analyses recent decisions on transfers of undertakings and service provision changes under TUPE ‘As the EAT observed, “an issue affecting an employee’s conduct or competence, if suddenly acted upon at the point of transfer, is unlikely to be the sole or principal reason for the dismissal”.’ The courts and tribunals continue to grapple …

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Data protection: GDPR and immigration requirements – how to fulfil both

Samar Shams explains how to comply with the General Data Protection Regulation (GDPR) when hiring migrant workers ‘There is no requirement, from an immigration perspective, for an employer to retain data submitted in support of an individual’s visa application. The privacy notice should therefore state that the organisation will not retain the data after successful …

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Internal investigations: How regulated firms can manage seven key issues

Bradley Houlston, Polly James and Rebecca Harding-Hill look at how financial services firms can manage the employment law risks that arise from investigations into potential regulatory breaches ‘When an issue comes to light it is of course important to react swiftly to investigate it.’ Businesses may carry out internal investigations in response to various triggers, …

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Legal news: Employment update

Adam Hartley rounds up the latest case law and developments affecting employers and their advisers ‘Where an individual is working in the same way as an employee but is providing their services through a PSC, they should pay broadly the same employment taxes as an employee.’ Employers may be liable for discrimination even if unaware …

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Employment status: Trouble in the pipeline for employers post Pimlico Plumbers

Sean Nesbitt and Rachel Farr consider the lessons for businesses from the Supreme Court’s ruling in Pimlico Plumbers ‘Nothing short of an unrestricted right to substitution will defeat worker status.’ In the latest, and most authoritative, case on employment status, the Supreme Court has held that a supposedly self-employed plumber was in fact a worker. …

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Discrimination: Religious or philosophical belief – exploring the boundaries of legal protection

Joanna Chatterton and Ed Livingstone examine the case law and new Acas guidance on religion and belief discrimination ‘Employers should be wary of relying too heavily on the scenarios set out in Acas’s new guidance, as the Employment Appeal Tribunal decision in Bakkali shows.’ In May 2018, Acas published new guidance on religion and belief …

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