HR Update: covert surveillance, unfair dismissal following non-renewal of a fixed term contract and knowledge of disability
Jack Harrington
01/03/2018

What’s new
This month we look at the new online DBS system, the Government’s response to the Taylor Review of modern working practices, the increases in statutory pay due to take effect in April 2018 and the requirement to provide itemised payslips from April 2019. Read more
Case law review
Covert Surveillance
In the case of Lopez Ribalda v Spain, the European Court of Human Rights has concluded that installing and relying on evidence from CCTV cameras without notifying employees amounted to a breach of their right to privacy. Read complete article online
Can an employee claim unfair dismissal after the last in a series of fixed term contracts was not renewed?
In the case of Royal Surrey County NHS Foundation Trust v Drzymala, the Employment Appeal Tribunal considered whether an employee had been unfairly dismissed in relation to the expiry of a fixed term contract. Read complete article online
Knowledge of a disability
In Donelien v Liberata UK Ltd, the Court of Appeal has given useful guidance as to when an employer will be considered to be aware of an employee’s status as a disabled person, particularly in circumstances where an employee is refusing to co-operate with an employer’s occupational health provider. Read complete article online
Effective date of termination
In Cosmeceuticals Ltd v Parkin the EAT has again made it clear that if a summary dismissal has occurred, then it is not open to the parties to agree a different date of termination. Read complete article online
Compensation for injury to feelings can be awarded for working time detriment…
In the case of South Yorkshire Fire & Rescue Service v Mr D Mansell & Others, the EAT confirmed that all claims of detriment under Part V of the Employment Rights Act 1996 (including claims of being subjected to a detriment in connection with working time) were akin to claims of discrimination and as such could attract injury to feelings awards. Read complete article online
Who to contact
JACK HARRINGTON
HEAD OF EMPLOYMENT
0161 393 9050
jack.harrington@pannonecorporate.com

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