June 2016 #171 – Law Journals

Legal News: Employment updates

Jane Hannon rounds up recent case law and developments affecting employers and their advisers ‘The government’s proposals include ensuring any suggestion of a payment for service emphasises that it is discretionary for the consumer.’BIS consults on tipping and service charges The Department for Business, Innovation and Skills has launched a consultation on tipping, gratuities, cover …

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Shared Parental Leave: Taking baby steps

One year on from the introduction of shared parental leave, Eleanor Porter and Rebecca Harding-Hill look at levels of uptake and some of the challenges posed by the scheme ‘The availability of enhanced pay and the duration for which it was payable were major determinative factors in whether or not employees would take up shared …

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EU Referendum: Should we stay or should we go?

Richard Kenyon and Olivia Baxendale consider how domestic employment law might change if the UK votes to leave the EU ‘What is likely to happen is a gradual chipping away at certain employment rights once the government has decided what to keep and what to discard.’ On 23 June 2016, we will have to answer …

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Trade Union Act: Striking the right balance?

Major changes to the UK’s strike laws could see employers and unions using a range of new tactics in disputes, reports Christopher Mordue ‘These new ballot rules will undoubtedly make it harder for trade unions to secure valid mandates for industrial action, especially in national public sector ballots.’The Trade Union Act, which received Royal Assent …

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Industrial Action: Government may challenge strike’s validity

Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful ‘Courts may be willing to consider interventions by a secretary of state, who is not the employer, where they find this to be in the public interest.’ In The Secretary of State for Education v National …

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Data Protection: Show and tell

Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’Under s7 of the Data Protection Act …

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Post-Termination Restrictions: Winning damages in One Step

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …

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