The recent case of Barbulescu v Romania hit the national press with headlines suggesting that the law had changed and that employers could do whatever they wanted in relation to the interception and monitoring of employees’ emails. These headlines were not correct. The law in this area has not changed but some clarification has been
The government says it wants the new penalties for employers who fail to pay tribunal awards to come into force from April this year. The penalties relate to awards made in employment cases. If an employer fails to pay the award or settlement, they will receive a warning notice. If they still fail to pay
A company had not discriminated against an employee by telling her that she had to speak English while at work. That was the decision of the Employment Tribunal in the case of a Russian born woman who started working for a company involved in testing products on animals. The company became concerned at the woman’s
Nearly 60% of employees say the new National Living Wage (NLW) will help to increase their motivation at work. More than 70% say it will make them feel more positive for themselves and their families. The NLW comes into effect on 1 April and will be set at £7.20 per hour for workers over the
The European Court of Human Rights (ECHR) has ruled that an employer had been entitled to dismiss an engineer who used the company’s email system to communicate with his family. However, businesses should not see that as a green light for casual monitoring of staff emails. The case involved a Romanian company that set up
Ministers have urged employers to start preparing now for the National Living Wage (NLW), which comes into effect on 1 April this year. Research carried out on behalf of the government suggests that 93% of businesses support the move but many haven’t yet started to prepare. They’re being urged to follow four simple steps. •
An 83-year-old shop assistant who was sacked for leaving his till open while he dealt with a customer has won his claim of unfair dismissal. Ivor Smith had worked for B&Q in Glasgow for 12 years. In August 2014, a customer asked him for change of £200 in coins. He left his till open for
There were several important developments in employment law in 2015. These are some of the most significant. Travel time can be ‘work time’ The European Court of Justice (ECJ) ruled that if employees don’t have a fixed place of work then the time they spend travelling from home to their first job of the day
An employer has defended an age discrimination claim brought by a 73-year-old woman who had been widely regarded as outstanding in her field. The case involved a woman who had specialised in the area of medical underwriting in the insurance business since 1968, becoming Chief Medical Officer for her company. Her main employment ended in
A security firm found itself in an unusual situation recently when it was judged to have discriminated against an employee on grounds of race even though he had made up his claim as a smokescreen during disciplinary proceedings. The case involved a security guard of Indian origin who faced an allegation by his manager that