In various claimants v Wm Morrisons Supermarkets plc it was held that an employer could be held vicariously liable for the criminal actions of one of its employees in the breach of data protection. In 2014, an employee, a senior IT manager, who held a grudge against his employer for disciplinary action that he had […]
Injury to feelings awards
In Durrant v Chief Constable of Avon & Somerset Constabulary the Court of Appeal held that when considering assessment claims for injury to feelings prior to September 2017 the Joint Presidential Guidance ‘Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK)Ltd’ would be relevant. Whilst not an […]
Working Time: Workers can work 12 consecutive days without a weekly rest break
In Maio Marques da Roda v Varzim Sol the European Court of Justice held that the EU Working Time Directive does allow for weekly rest of 24 hours for a worker, which can be given at any point in a 14 day period. In this case, a redundant casino worker claimed that he had not […]
Without Prejudice – ‘Protected’ Conversations
In Graham v Agilitas IT Solutions Ltd the EAT held that a Respondent could not rely on parts of a ‘without prejudice discussion’ or protected conversation and at the same time use the rules to protect itself. The Claimant was about to be dismissed. During discussions which the employer described as being ‘without prejudice’ under […]
Pensions: Part Time Workers & Comparators
In Dr Parker v MDU Services Ltd the Claimant argued that the pension scheme offered by her employer was unfair and indirectly discriminated against any worker with a mixture of both full and part time service. The Claimant had been employed for a total of 27 years and this equated to 21 years full-time service. […]
Failure to conduct risk assessment for breastfeeding mother
In Otero Ramos v Servicia Gelgo de Saude the CJEU found that a failure to conduct an appropriate risk assessment for a breastfeeding employee was considered sex discrimination. In this case the Claimant was a nurse employed in a hospital’s accident and emergency unit. Her employer had conducted a risk assessment for her as a […]