HR Update: dismissal because of reputational risk; voluntary deductions and the NMW; unfair dismissal – the full story; liability for data breaches by rogue employees
Jack Harrington
29/04/2020

What’s New?
This month we look at new ACAS guidance on working from home; remote right to work checks; an increase to compensation for injury to feelings in discrimination claims; the latest tribunal statistics; the last word on shared parental pay and sex discrimination; and proposals for the new points-based immigration system which will take effect from 1 January 2021.
For information about the employment law implications of the Covid-19 crisis and the Coronavirus Job Retention Scheme, please see the dedicated updates on our website

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Unfair Dismissal – The Full Story
Can a dismissal be unfair if the dismissing officer is unaware that a complaint has been withdrawn? Yes, according to the EAT in the recent case of Uddin v London Borough of Ealing

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National Minimum Wage
The EAT has held in the case of Commissioners for HM Revenue and Customs v Middlesbrough Football Club that salary deducted from employees’ wages to purchase season tickets could not count towards the National Minimum Wage

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Dismissal because of reputational risk
In the case of Lafferty v Nuffield Health the EAT considered whether an employee was fairly dismissed because of the potential reputational risk arising from criminal charges

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Liability for data breaches by rogue employees
Is an employer vicariously liable for breaches of the Data Protection Act on the part of an employee who had a personal vendetta? No, held the Supreme Court in the case of VM Morrison Supermarkets plc v Various Claimants

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