Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
26 July 2016
Top 10 tips for responding to a subject access request
Failing to respond to a subject access request (SAR) can result in a financial penalty from the ICO or an enforcement notice. So while it may seem daunting, and can be time consuming, it is in an organisation’s interest to comply.
22 July 2016
Off the Record: Protected conversations versus “without prejudice” protection
In the recent case of Faithorn Farrell Timms v Bailey, the EAT considered the differences between the protection offered by “without prejudice” privilege and protected conversations in pre-termination negotiations. It provides the first appeal decision in respect of protected conversations, which were introduced as section 111A of the Employment Rights Act 1996 in 2013.
22 July 2016
Royal Mail fails to deliver whistleblowing win for fellow employers
Employers should take note that, in Royal Mail Group v Jhuti, the EAT has found that it is not necessarily the mind of the decision maker alone which must be examined when considering an employer’s reasons for dismissing a whistleblower.
16 June 2016
Third party pressure: a valid reason to dismiss?
It has been reported that Laura Kuenssberg, the BBC’s political editor, has twice this year been the subject of online petitions calling for her dismissal. (Her opponents have accused her of bias against the current leadership of the Labour party.) Whilst there is no suggestion that the BBC is planning to act on the petitioners’ wishes or that it considers the bias allegations to have any substance, her case raises the broader question whether employers can dismiss employees in response to third party pressure.
15 June 2016
Dismissing employee for standing by husband was discriminatory
In Pendleton v Derbyshire County Council and the Governing Body of Glebe Junior School UKEAT/0238/15 the EAT overturned the decision of an Employment Tribunal by holding that the decision to dismiss an employee who refused to leave her husband (who had been accused of downloading indecent images of children and voyeurism) was indirect discrimination.