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Employee claims constructive dismissal after resigning following his uploading of CV onto LinkedIn

6 January 2012 | Paul Gershlick

An employee of BG Group has claimed constructive dismissal after resigning following a row over his uploading of his CV onto LinkedIn, the business social networking website. The human resources professional...

Tags on this discussion: breach breach of confidentiality confidential confidential information confidentiality constructive dismissal data database database right database right infringement databases employ employee Employees employer Employers Employment Employment issues Internet Internet use IT IT and Internet use policy misuse of data On-line Online online content social network social networking social networking site social networking website social networks web web content web postings web sites Website website content

Question of self-employed status must reflect actual position and not just what contract terms say – Autoclenz v Belcher, Supreme Court

31 August 2011 | Paul Gershlick | 1 comment

People supplying or receiving services often want to know whether the situation is an employed or self-employed basis, as this can affect whether there are any employment rights, how readily the relationship...

Tags on this discussion: agreement agreements commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts control Court of Appeal employ employee employee benefits Employees employer Employers Employment Employment issues employment status mutuality of obligations self-employed service provider services substitutability Supreme Court

Article 29 Working Party leaves geo-location service providers disorientated after strict data protection opinion about geo-location data

2 June 2011 | Paul Gershlick

The Article 29 Working Party has concluded an opinion on geo-location services on smart mobile devices (such as smart phones and tablet computers) by saying that they are linked to natural persons and...

Tags on this discussion: Article 29 Working Party consent data data controller data protection data protection act data protection directive data protection supervisor Data Provider data subject Directive e-privacy employ employee Employees employer Employers Employment EU EU Directive EU law Europe European Union express geo-location geo-location data geo-location services geolocation geolocation data geolocation services GPS GSM ICO Information Commissioner Information Commissioner's Office informed Internet Internet use Internet user mobile mobile network mobile phone mobile phone network network On-line Online online content personal data privacy privacy policy privacy principles privacy statement RFID right to privacy sensitive personal data smart mobile smartphone social networking social networking site specific tablet tablet computer web web content web site web site content web sites Website website content websites wireless wireless network

Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

25 May 2011 | Paul Gershlick

Antal and MMP entered into a franchise agreement for MMP to operate a recruitment agency as one of Antal’s franchisees. One of MMP’s employees had a relationship with one of the candidates whom she...

Tags on this discussion: agreement agreements breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contracts data data controller data protection data protection act data protection directive data subject data theft employ employee Employees employer employeres Employment Employment issues franchise agreement franchisee Franchising franchisor fundamental breach material breach misuse of data personal data renounce renunciation repudiatory breach sensitive personal data serious breach test for repudiatory breach unauthorised

Restraint of trade clause not to set up in business within five miles for 12 months was unreasonable and therefore unenforceable – Tim Russ v Simon Robertson, High Court

12 April 2011 | Paul Gershlick

TR was an estate agency firm. It required its staff to enter into restrictive covenants that lasted for 12 months following termination of the contract. They included an obligation not to solicit TR’s...

Tags on this discussion: agreement agreements anti-competition anti-competitive breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts employ employee Employees employer Employers Employment High Court injunction non-solicitation reasonable reasonableness restrictive covenant Restrictive Covenants unenforceable unreasonable

Contempt of court action relating to confidential information misuse against ex-employee and his new business partner not made out – Pintorex v Keyvanfar, High Court

31 March 2011 | Paul Gershlick

P had employed an employee as head of sales in its business. The employee left P’s employment and went to work with K. P claimed that he had left with P’s confidential information such as customer...

Tags on this discussion: abuse of process confidential confidential information confidentiality data database right database right infringement employ employee Employees employer Employers Employment ex-employee High Court illegal illegal working misuse of data undertaking

Dismissal for offensive email sent from home computer was fair – Gosden v Lifeline, Employment Tribunal

8 March 2011 | Paul Gershlick

Lifeline employed Gosden and supplied him to HM Prison Service (HMPS). Outside of working hours and from his home computer, Gosden sent a sexually and racially offensive email to the home computer of a...

Tags on this discussion: dismissal email emails employ employee Employees employer Employers Employment Employment issues employment tribunal employment tribunals Internet Internet access Internet use Internet user IT IT and Internet use policy Online online content social networking social networking site unfair unfair dismissal

72% of employees steal corporate data and most believe they’re entitled to do so

24 November 2010 | Mark Weston

72% of UK employees have admitted to stealing data from their employer, according to a survey by Imperva, the security business. The survey showed that employees tend to steal the data by USB stick, personal...

Tags on this discussion: confidential confidential information confidentiality copyright copyright infringement data data protection database right database right infringement databases employ employee Employees employer Employers Employment illegal infringement Intellectual property intellectual property rights IP IP infringement personal data privacy unauthorised unlawful

Over half of employees admit that they would take employer’s property before leaving their employment

1 September 2010 | Mark Weston

52% of employees would steal their employer’s property before leaving their employment. Nearly a quarter would take customer contact details, while a similar number would take stationery. These are the...

Tags on this discussion: confidential information data data controller data security data theft databases employ employee Employees employer Employers Employment Employment issues Intellectual property intellectual property rights IP misuse of data sensitive personal data

Unsalaried positions – what’s the legal position

8 March 2010 | Rebecca Fox | 1 comment

I was surprised when I opened up a popular law weekly magazine to find that a law firm was looking for “highly competent paralegals to work 3 days per week in an unsalaried position to progress to a...

Tags on this discussion: employ employee Employees employer Employers Employment issues

Latest news and views tagged employ

Employee claims constructive dismissal after resigning following his uploading of CV onto LinkedIn

Question of self-employed status must reflect actual position and not just what contract terms say – Autoclenz v Belcher, Supreme Court

Article 29 Working Party leaves geo-location service providers disorientated after strict data protection opinion about geo-location data

Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

Restraint of trade clause not to set up in business within five miles for 12 months was unreasonable and therefore unenforceable – Tim Russ v Simon Robertson, High Court

Contempt of court action relating to confidential information misuse against ex-employee and his new business partner not made out – Pintorex v Keyvanfar, High Court

Dismissal for offensive email sent from home computer was fair – Gosden v Lifeline, Employment Tribunal

72% of employees steal corporate data and most believe they’re entitled to do so

Over half of employees admit that they would take employer’s property before leaving their employment

Unsalaried positions – what’s the legal position

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