HR Update: holiday pay, employer’s data protection liability, weekly rest periods, dismissal relating to the right to work in the UK
Jack Harrington

What’s new

This month we look at the new rules for taxation of termination payments, changes to national minimum wage and other statutory rates, and a cautionary tale about data protection Read More

GDPR update

The ICO’s website now provides a number of useful resources to help businesses, both large and small, get ready for the GDPR. These can be accessed via the following links:

Case law review

Holiday pay – when self-employed consultants are found to be workers

The European Court of Justice in the case of King v Sash Window Workshop Ltd has ruled that where a company does not provide its workers with paid holiday, any accrued leave can be carried over indefinitely.

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Employer’s liability for rogue data protection breach

The risk of a disgruntled employee misusing confidential information in order to cause damage to the company’s business is often a concern where an employee is suspended or disciplined. A recent High Court decision has now given employers even more cause for alarm where that information contains personal data.

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Weekly rest periods

In the case of Maio Marques da Rosa v Varzim Sol – Turismo, Jogo e Animação SA the European Court of Justice has ruled that the 24 hour weekly rest period required under the Working Time Directive may be granted on any day within a seven day reference period.

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Employer breached implied term of trust and confidence when it provided a false reason for an employee’s dismissal

In the recent case of Rawlinson v Brightside Group Ltd, the Employment Appeal Tribunal considered whether an employee who had resigned when falsely told that the reason for his dismissal was a reorganisation when the real reason was his poor performance, could bring a claim for breach of contract for his notice pay.

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Can an employer lawfully dismiss an employee who fails to provide documents showing their right to work in the UK?

In the case of Baker v Abellio London Ltd, the Employment Appeal Tribunal considered if an employer could rely on illegality as the fair reason to dismiss an employee for failure to produce documentary evidence of his right to work in the UK.

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