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Employment and Pensions Update
 
JANUARY 2018
 
 
 
 
 
 
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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).

 
 
 
 
 
 
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.

 
 
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.

 
 
 
 
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.

 
 
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 Sig├╝enza v Ayuntamiento de Valladolid and others.

However, it is possible that the UK courts would reach a different decision under the TUPE legislation.

 
 
 
 
 
 
 
 
KEY CONTACTS
 
 
 
Profile Picture Kerry Garcia
Partner
 
Profile Picture Lloyd Davey
Partner
 
 
 
 
Profile Picture HANNAH FORD
Partner
 
Profile Picture GABRIELLE HOLGATE
Partner
 
 
 
 
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