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Employment and Pensions Update |
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JANUARY 2018 |
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Welcome to the January 2018 edition of the employment and pensions update - an e-bulletin providing a monthly update on key legal issues for employers.
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Employer vicariously liable for employee's deliberate data breach |
In a decision that will concern all employers, the High Court has held that Morrisons supermarket was liable for the deliberate data breach by one of its employees, even though he intended to cause harm to his employer.
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Whistleblowing laws will not protect employees who do not come with clean hands |
The Employment Appeal Tribunal held in Parsons v Airplus International that if the only motivation for making a disclosure is self-interest, it will not qualify as a protective disclosure for whistleblowing purposes. Concern for the public interest must also form a part of the motivation (either primary or secondary to the self-interest element).
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Automatic enrolment update |
The minimum contribution levels for automatic enrolment are set to rise in April this year. In this article we explain the increases coming in over the next two years. We also consider whether, and how to consult with employees about the increases and look at the automatic re-enrolment process that may soon be hitting many mid-sized employers.
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Court of Appeal restores orthodoxy on burden of proof in discrimination claims |
We previously reported on a decision of the Employment Appeal Tribunal which changed the long established approach that the claimant bears the initial burden of proof in discrimination claims. In Ayodele v Citylink Ltd, the Court of Appeal has now held that this previous case was wrongly decided and that the burden of proof under the Equality Act 2010 does start with the claimant.
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Rights of Apprentices |
Apprenticeships are becoming increasingly popular, meaning that the question of the rights enjoyed by apprentices is becoming relevant to more and more employers. The position is slightly different depending on where the apprentice is employed.
Abigail Etchells examines the rights for apprentices employed in England, in an article featured in People Management.
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No transfer of undertaking where a gap between contracts |
The Advocate General considers there was no transfer of an undertaking where there was a break of 5 months between old and new contracts, in the Spanish case of Colino Sigüenza v Ayuntamiento de Valladolid and others.
However, it is possible that the UK courts would reach a different decision under the TUPE legislation.
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Upcoming Event
Mock Employment Tribunal
An opportunity to see how a tribunal hearing works in practice
21 February 2018, 2pm to 5.30pm
GLive, Guildford
For further details, please click here.
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Kerry Garcia
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Partner |
+44 (0)1483 734270
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CONTACT |
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Lloyd Davey
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Partner |
+44 (0)1483 734232
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CONTACT |
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HANNAH FORD
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Partner |
+44 (0)1483 401218
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CONTACT |
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GABRIELLE HOLGATE
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Partner |
+44 (0)1483 734285
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CONTACT |
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Copyright Stevens & Bolton LLP 2018
Stevens & Bolton LLP, Wey House, Farnham Road, Guildford, Surrey, GU1 4YD
Tel: +44 (0)1483 302264 Fax: +44 (0)1483 302254
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