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DATA PROTECTION

CCd external recipients in error - must you tell the ICO?

An e-mail has gone out to a list of external recipients. Unfortunately, the employee CCd everyone rather than BCCing them in. All names and e-mail addresses could be seen. Must this data breach be reported to the Information Commissioner’s Office (ICO)?

COURT CLAIMS

Employer sued employee who fell for £200,000 scam

An employer that lost almost £200,000 to a fraud has taken the employee who fell for it to court. However, although it had sympathy, the court ruled the employee didn’t have to reimburse the employer. Why was this?

WRITTEN WARNINGS

Employer tells staff to stop “pooing on the floor”

The Financial Conduct Authority has some mystery employees who are behaving badly, so it’s sent a letter to all staff warning them that things must improve. Can a general written warning be classed as a formal written warning?

REFERENCES

Safe to send reference requests by e-mail?

You’ve made an offer of employment and wish to take up references. Your chosen candidate has given you e-mail addresses for both of their referees. Why should you ask for their postal addresses instead?

HOLIDAYS

When can untaken holiday be carried over?

It’s come to your attention that an employee hasn’t taken their full annual leave entitlement and you’re approaching the end of your holiday year. Must they be permitted to carry the full balance over into your next holiday year?

UNFAIR DISMISSAL

Accused was unfairly dismissed

An employee who was dismissed after the police charged him with possessing indecent images has won his claim for unfair dismissal. What mustn’t you do when an employee is facing criminal charges?

PERSONNEL MANAGEMENT

Former employee left personal belongings behind

You’ve recently discovered some personal property which belonged to a former employee. Must you try to return it to them or can you dispose of any items without telling them?

EMPLOYMENT LAW REFORM

What’s new for employment law?

A new Queen’s Speech has been delivered at the opening of Parliament. What employment and immigration legislation are we going to see in the new Parliamentary session?

TUPE

Are workers who aren’t employees now covered by TUPE?

An employment tribunal has held that “workers” are covered by the TUPE legislation, alongside traditional employees. What does this decision mean for employers?

DATA PROTECTION

New resources and a warning from the ICO

The Information Commissioner’s Office has published some helpful new GDPR resources and launched a campaign on the data protection fee. What do you need to know?

RELIGIOUS DISCRIMINATION

Tips for dealing with religious festivals and observance

If an employee asks for time off for a religious festival or holiday or requests workplace facilities for religious observance, what are the legal considerations you need to take into account to stay on the right side of the law?

TRIVIAL BENEFITS

HMRC reinterprets benefits rules

In its December 2019 Employer Bulletin HMRC seems to have changed its interpretation of what counts as a trivial benefit. What’s the position now?