Miscellaneous

Employer liable for employee's data breach

An employer was vicariously liable for the actions of one of its employees who, to damage his employer, leaked personal staff data on a file-sharing website.

Employer liable for injury to employee at impromptu work party

An employer was vicariously liable for life-changing injuries inflicted by its managing director on one of its employees at a Christmas party.

Tribunals can interpret contracts in unauthorised deductions claims

Faced with deciding whether a sum is ‘properly payable’ for the purposes of an unauthorised deduction claim, a tribunal does have jurisdiction to interpret contractual terms.

When does sleep count as 'work' for NMW purposes?

‘Sleep-in’ residential care workers are only entitled to the National Minimum Wage (NMW) when they are awake and ‘actually working’, not when they are asleep and therefore simply ‘available for work’.

'Same type of contract' for part-time worker comparison

A permanent, full-time employee was employed under the ‘same type of contract’ as a part-time employee on a zero-hours contract for the purposes of the Part-time Workers Regulations.

References and negative opinions

Except where there is a ‘red flag’ prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

Higher pay cannot offset inferior holiday entitlement under AWR

Providing an agency worker with 28 days’ holiday and half-hour rest breaks when comparable permanent employees were entitled to 30.5 days’ holiday and rest breaks of one hour breached the Agency Workers Regulations (AWR).

Direct pay offer to employees was 'unlawful inducement'

An employer offered employees unlawful inducements to cease collective bargaining when it directly offered them a package of revised terms and conditions, going over the head of the recognised trade union.

False dismissal reason is breach of trust and confidence

The implied term of trust and confidence may be breached if an employer misleads an employee about the reason for their dismissal.

Monitoring of employees' personal communications at work

Where an employer had a ban on personal use of company equipment and an employee denied using an e-mail account for personal reasons, it was a breach of his right to a private life for his employer to access that personal account to disprove what he was saying.

Pension benefits for same-sex partners

Surviving civil partners and spouses in same-sex marriages must be provided with pension death benefits on the same basis as would apply to a marriage between a man and a woman. In particular, such benefits cannot be limited to the member’s pensionable service completed on or after 5 December 2005.

Claimants who do not properly particularise their complaints risk costs

Liddington v 2Gether NHS Foundation Trust

 

An EAT decision which serves as a word of caution to some claimants, but perhaps also as a reassurance to employers. The EAT upholds an order made for costs against a litigant in person. Whilst generally, a tribunal will afford unrepresented parties a degree of discretion in how they present their claim and conduct themselves throughout proceedings, this case indicates that there is a limit to that discretion.

Tribunal sets aside settlement agreement on grounds of mental capacity

Glasgow City Council v Dahhan

 

An employment tribunal can set aside a settlement agreement on the ground that it is invalid because the claimant did not have mental capacity at the time the agreement was concluded.