Miscellaneous

A worker who had an open-ended contract of employment with an agency was nonetheless supplied to work ‘temporarily’ for an end user.

An employee’s breach of a confidentiality clause in a COT3 settlement did not free his employer of its obligation to continue making instalment payments of the agreed settlement sum.

An employer was not vicariously liable for the actions of one of its employees who, to damage his employer, leaked personal staff data on a file-sharing website.

Shop workers’ right to privacy was not breached when a supermarket relied on covertly recorded CTV images to dismiss them for theft.

An employer had waived privilege in advice about dismissal and so couldn’t cherry pick which parts of the advice it disclosed.

Someone who validly becomes an ‘employee shareholder’ did not revert to ‘employee’ status when he later concluded a service agreement with his employer.

A breach of the immigration rules did not mean that an employment contract was unenforceable.

An agency worker’s right to equal treatment in relation to the ‘duration of working time’ under the Agency Workers Regulations does not entitle him or her to the same number of contractual hours as a directly recruited comparator.

An employee making a covert recording at work may be guilty of misconduct.

An employee’s right to privacy was not breached when his employer relied on data found on his phone during a police investigation into allegations of harassment against the employee by another colleague.

An employer who directly offered its employees a package of revised terms and conditions - going over the head of the recognised trade union - did not unlawfully induce them to cease collective bargaining.

An employer was not liable in negligence for an injury occasioned to one of its employees at the staff Christmas party; neither was it vicariously liable.

Directors of a limited company can, in certain circumstances, be personally liable for inducing a company to breach an employment contract.

Suspension can be a breach of contract – but on each occasion it is a question of fact. A tribunal must consider whether the employer has ‘reasonable and proper cause’ to suspend, not whether it was ‘necessary’ to suspend the employee.

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

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.

‘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’.

An employer breached its duty of care when it changed an employee’s personal password on his iCloud account.

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.

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.