Employment Law Newsletter – October 2017
- Unfair dismissal: Whose knowledge is the tribunal concerned with?
- Unfair dismissal: An investigation can be too narrow but not too thorough
- Sex Discrimination: Height requirement can be indirect discrimination where directed at women
- Jurisdiction: Can diplomatic immunity extend to protection from employment claims?
- Data Protection: New bill published and ICO issues law enforcement checklist to get ready for it
- Data Protection: Data Controller Fees to remain payable to ICO
- ACAS guidance: Time to take mental health seriously – New guidance available
- Modern Slavery Act: The government publishes a new practical guide - ‘Transparency in Supply Chains’
- Race Disparity Audit results in new government ‘Ethnicity Facts and Figures’ website
Unfair dismissal: Whose knowledge is the tribunal concerned with?
In July last year we reported the case of Royal Mail Group Limited v Jhuti in which, having made a protected disclosure to her line manager, Ms Jhuti was dismissed due to capability following deliberate misleading of the investigating manager by the same line manager because of the disclosure. Ms Jhuti claimed unfair …
Unfair dismissal: An investigation can be too narrow but not too thorough
The test for determining unfair dismissal was established in British Home Stores Ltd v Burchell . Dismissal for misconduct will be deemed unfair unless at the time of the dismissal:
the employer believed the employee to be guilty of misconduct;
that belief was based on reasonable grounds; and
at the time the …
Sex Discrimination: Height requirement can be indirect discrimination where directed at women
In the case of Ypourgos Ethnikis Pedias kai Thriskeymaton v Kalliri, the European Court of Justice has recently had to consider whether or not the Greek government’s imposition of a regulation requiring a minimum height requirement of 170cm for both men and women joining the police force was …
Jurisdiction: Can diplomatic immunity extend to protection from employment claims?
If you’re of a certain age, you may just smile - and hear Joss Ackland’s South African accent - every time you hear the words “diplomatic immunity”, but how far can it really reach? The Supreme Court has had to consider this very question with regard to the State Immunity Act 1978 and the …
Data Protection: New bill published and ICO issues law enforcement checklist to get ready for it
In a big review of the law on data protection, draft legislation was published on 14 September 2017 (entitled ‘The Data Protection Bill’) and has recently had its second reading in parliament. Its aim is to replace the Data Protection Act 1998 and modernise our data protection laws to …
Data Protection: Data Controller Fees to remain payable to ICO
Section 18 of the Data Protection Act 1998 requires Data Controllers (the person (or persons) who determine the purposes for which and the manner in which any personal data are, or are to be, processed) to notify themselves to the Information Commissioner’s Office (ICO) – e.g. who they are and what data is being …
ACAS Guidance: Time to take mental health seriously – new guidance available
If you weren’t already aware (and you should be) 10th October was World Mental Health Day. With famous faces such as the Duke and Duchess of Cambridge, Prince Harry, Stephen Fry and Rio Ferdinand very publicly discussing mental health issues in order to try to reduce the stigma so attached thereto, ACAS is …
Modern Slavery Act: The government publishes a new practical guide - ‘Transparency in Supply Chains’
A key part of the Modern Slavery Act 2015 is that certain organisations must produce an annual statement detailing the steps they have taken to ensure that neither their business nor their supply chain contain any human trafficking or slavery practices. Under section 54(9) of the Act, …
Race Disparity Audit results in new government ‘Ethnicity Facts and Figures’ website
On 27 August 2016, the Prime Minister, Theresa May, launched an audit of public services to reveal racial disparities by ordering Whitehall departments to identify and publish information showing how outcomes differ for people of different backgrounds, in a huge range of areas including health, …