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Employment Law Journal: June 2016

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy

The remedies available where an ex-employee has unlawfully used or disclosed a business’s confidential information or breached post-termination restrictive covenants include damages for breach of contract, injunctions and an account of profits.

One year on from the introduction of shared parental leave, Eleanor Porter and Rebecca Harding-Hill look at levels of uptake and some of the challenges posed by the scheme

The first anniversary of the introduction of shared parental leave (SPL) in the UK was on 5 April 2016. The right to take SPL allows eligible couples to share up to 50 weeks’ leave within the first year following the birth or adoption of a child. The stated aims of the regime are to enable both parents to balance work and home life better, to encourage fathers to become involved in caring for their child at an earlier stage and to allow mothers to return to work earlier if they wish without families losing out on time together. One year on, are these aims being met?

Major changes to the UK’s strike laws could see employers and unions using a range of new tactics in disputes, reports Christopher Mordue

The Trade Union Act, which received Royal Assent on 4 May, makes the most significant changes to the UK’s strike laws since the Thatcher and Major governments over 20 years ago. The Act seeks to fulfil the Conservative manifesto pledge to:

Fieldfisher

Richard Kenyon and Olivia Baxendale consider how domestic employment law might change if the UK votes to leave the EU

On 23 June 2016, we will have to answer the question: ‘Should the United Kingdom remain a member of the European Union or leave the European Union?’ After weeks of escalating rhetoric, it will be the people who have the last word, not the politicians.

Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful

In The Secretary of State for Education v National Union of Teachers [2016], the High Court recently considered two issues:

Dechert LLP

Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision

Under s7 of the Data Protection Act 1998 (DPA), individuals are entitled to ask their current or former employer to provide them with the ‘personal data’ which it holds on them. This is called a subject access request (SAR). To paraphrase, under the SAR regime, the employer (as a ‘data controller’ for the purposes of the DPA) can require a maximum fee of £10 for compliance with the request and has 40 days to provide the information. The employer can require the individual to provide evidence of their identity if it ‘reasonably requires further information’ on this, and is entitled to require clarification on the scope of the request. Time runs from receipt of that evidence or of the requisite fee (if required), whichever is later.

Jane Hannon rounds up recent case law and developments affecting employers and their advisers