Driving and Drugs
The Crime and Courts Act 2013 (Commencement No 1) (England and Wales) Order 2014 came into force on 2 March 2015 and sets limits for 'drug driving' similar in operation to those used for drink driving. It is an offence…
Enforced Subject Access a Criminal Offence
On 10 March 2015, legislation came into force making it a criminal offence to require an individual to exercise their subject access rights under Section 7 of the Data Protection Act 1998 (DPA) to gain access to information about their…
One Employee Can Be an ‘Organised Grouping’, Court Rules
In what some may view as a counter-intuitive decision, but one which has significant implications for employers, the Court of Appeal has ruled that a single employee was by herself capable of forming an ‘organised grouping’ within the meaning of…
Disabled IT Worker Suffered Discrimination
A disabled IT specialist who was cut out of the communication loop by his employer whilst on long-term sick leave has triumphed in a discrimination claim and will receive thousands of pounds in compensation following a tribunal ruling. The man…
Be Careful How You Use Your Employer’s Email Account!
Workers tempted to use their employers’ email accounts for purposes which could cause offence should take note of a High Court case in which a senior manager at a Premiership football club lost the right to a £200,000 severance payment…
Zero Hours Contracts – Tackling Avoidance of the Forthcoming Ban on Exclusivity Clauses
The Government is currently legislating to render the use of exclusivity clauses unenforceable in zero hours contracts. In addition, following a consultation exercise, draft regulations have been drawn up outlining proposals for secondary legislation to prevent employers from sidestepping the…
Family Estate Sale Ordered After Breakdown of Relationship
Few disputes are as bitter as family disputes and the court is not normally the best place to settle them. A recent case shows how easy it can be for relations between family members to break down. A young couple's…
Lady of Leisure Lifestyle No Longer an Option Says Court of Appeal
The Court of Appeal has issued a judgment that will come as a shock to divorcing spouses who anticipate that their ex-spouse will be required to pay them maintenance for life. The case was brought after the ex-husband applied to…
Landlord and tenant: liability for repairs to the exterior of a building
Buy-to-let owners of leasehold properties and other intermediate landlords will be concerned by a Court of Appeal decision on the liability for repairs to the exterior of a building. Under the terms of the headlease, the freeholder was responsible for…
Sickness absence: Fit for Work service
The Department for Work and Pensions has published a guidance note for employers on the new Fit for Work service (FFW). The service will be introduced on a phased basis and is due to be completed by May 2015. In…