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The European Court of Human Rights has set out how to assess whether a covert investigation into suspected misconduct is proportionate. Christopher Hitchins and Emma Phillpot report ‘In practice, it’s key to notify employees of any potential monitoring, perhaps via an employee privacy policy or contract of employment.’ Article 8(1) of the European Convention on …
Continue reading "Employee monitoring: New guidance on when covert surveillance breaches privacy"
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Åsa Waring explores the legal and business case for supporting workers who are going through the menopause ‘The new Acas guidance aims to provide advice for both workers and employers on how to manage the impact of the menopause in the workplace and on what the legal risks may be for employers if they fail …
Continue reading "Employee health: What employers need to know about the menopause in the workplace"
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Mark Lafferty examines the feasibility of implementing the Labour Party’s pledge to introduce a new law to tackle class inequality ‘The TUC report suggests that “class” could be added as a new tenth protected characteristic to prohibit direct discrimination, indirect discrimination, victimisation and harassment on this ground.’The Labour Party manifesto includes a pledge to create …
Continue reading "Discrimination: Is a ban on classism at work on the cards?"
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Briony Richards continues our series with a look at the issues to consider when drafting a policy to manage drug and alcohol misuse, smoking and vaping at work ‘When faced with an employee who may be abusing drink or drugs, it can be difficult for managers to decide whether to follow the organisation’s disciplinary policy …
Continue reading "Staff procedures: Create or update a drugs, alcohol and smoking policy"
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Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘Neither the Race Directive nor other EU Equality Directives require member states to make an employer liable if it has failed to prevent foreseeable harassment of employees by a third party, unless its own conduct is related to race.’ No Equality …
Continue reading "Legal news: Employment update"
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Catherine Turner rounds up recent case law and developments affecting employers and their advisers ‘It is entirely appropriate for in-house counsel to seek to ensure that the investigation report does not stray into a decision on whether there has been any misconduct.’ Massage by female team leader was not harassment related to sex The recent …
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The Supreme Court has held that judges are entitled to statutory protections afforded to whistleblowers, report Louise Skinner and Keir Baker ‘Judge Gilham argued that, by excluding her from whistleblower protection, English law was violating Art 14 of the European Convention of Human Rights when read in conjunction with Art 10.’ On 16 October 2019, …
Continue reading "Employment status: Supreme Court extends scope of whistleblower protection"
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Peter Frost considers how to manage waivers of privilege in light of a recent ruling that an employer could not pick and choose which parts of legal advice about a dismissal it could disclose ‘Each party may choose whether and to what extent it waives privilege. But it is for the court to consider what …
Continue reading "Legal advice privilege: The dangers of cherry picking"
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Recent case law has highlighted how difficult it is to pin down which beliefs deserve protection in today’s society, writes Fudia Smartt ‘Mr Conisbee brought a discrimination claim against five respondents because of religion and belief, as well as a claim for notice pay. A preliminary hearing was held to determine whether vegetarianism satisfied the …
Continue reading "Religion or belief: Shifting sands – what is a philosophical belief?"
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Michael Chattle and Katie Lobley explore the issue of employees making secret recordings and provide advice on how to reduce the risks that this poses ‘There is no concept that a covert recording is fruit from a poison tree and therefore automatically not to be admitted as evidence in tribunal proceedings.’ Once upon a time, …
Continue reading "Privacy: Tinker, tailor, worker, spy – covert recordings in the workplace"
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