HR Update: liability for harassment of staff by customers, covert monitoring and the right to privacy, protected conversations and can a belief in intellectual property rights be a protected belief under the Equality Act?
Jack Harrington

What’s new
This month we look at the latest recommendations for reforming the use of non disclosure agreements in discrimination cases, new rules for Class 1A employer NICs liabilities on termination awards and sporting testimonials, and the benefits of a minimum wage. Read more

Third party harassment – can employers still be liable?

The Employment Appeal Tribunal has held that employers are only liable for third party harassment where their action or inaction in respect of the third party’s conduct is on the ground of a protected characteristic. However, the employee was successful in his claim against the employer itself for indirect discrimination arising out of the same scenario, which means that employers may still be exposed to potential claims even if the discriminatory conduct is that of a third party. Read more

Covert monitoring and the right to privacy

In López Ribalda and others v Spain, the European Court of Human Rights has decided that the use of hidden cameras to monitor suspected workplace theft by a number of supermarket cashiers did not violate their privacy rights under Article 8 of the European Convention on Human Rights. Read more

What constitutes a philosophical belief?

In Gray v Mulberry Company (Design) Ltd, the Court of Appeal has given the latest judgment in a line of cases which test the extent of what constitutes a protected philosophical belief under the Equality Act. Read more

Protected conversations

In the recent case of Harrison v Aryma Limited the Employment Appeal Tribunal considered when an offer of termination under a settlement agreement is, and is not, protected. Read more

Who to contact

Jack Harrington

Head of Employment

0161 393 9050

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