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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

What do flexible working and retirement have in common?

2 June 2011 | Bob Fahy

No, that is not the opening line of a bad joke for lawyers! Both the existing statutory process for an employee to request a flexible working pattern and the now defunct statutory right to request working...

Tags on this discussion: Bailey Bailey v R&R Plant employee Employees employer Employers Employment Employment issues flexible working R&R Plant retirement sex discrimination statutory retirement procedures

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

Psychics in the Police – Part III

18 May 2011 | Bob Fahy

In a further instalment to the story of Mr Power and his case against the Greater Manchester Police Authority (see part I and part II), Lord Justice Stanley Burnton has, in the Court of Appeal, refused...

Tags on this discussion: Alan Power Chondol v Liverpool City Council discrimination employee Employees Employers Employment Employment issues Islington Borough Council v Ladele Macfarlane v Relate Avon Limited Power v Greater Manchester Police Authority religion religious discrimination

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

Employer-friendly Tribunal Reforms

27 January 2011 | Bob Fahy

Vince Cable, the Secretary of State for Business, Innovation and Skills, today announced the Government's proposals for reforms of the Employment Tribunal system aimed at reducing the burden of employment...

Tags on this discussion: Brendan Barber Department for Business Innovation and Skills employee Employees employer Employers employers' charter Employment Employment issues John Cridland resolving workplace disputes: a consultation time limit tribunal reform unfair dismissal unfair dismissal time limit Vince Cable

BBC Three Counties Radio Interview

20 January 2011 | Bob Fahy

Earier this week, I was interviewed on the BBC Three Counties Radio's Morning: MK show about the impact of the Government's confirmation that the default retirement age of 65 will be scrapped from October...

Tags on this discussion: BBC Three Counties Radio default retirement age Employees Employers Employment Employment issues Morning MK The Spin Doctors Two Princes

Overview of the Equality Act 2010

20 January 2011 | Bob Fahy

INTRODUCTION The past 40 years have seen the introduction of statutes and regulations addressing discrimination in the fields of sex and race, disability, sexual orientation, religion or belief and age....

Tags on this discussion: age age discrimination civil partnership civil partnership discrimination disability disability discrimination discrimination employee Employees employer Employers Employment Employment issues Equality Act Equality Act 2010 gender reassignment gender reassignment discrimination marital discrimination marriage maternity discrimination maternity leave Milton Keynes and North Bucks Chamber of Commerce pregnancy pregnancy discrimination race Race discrimation religion religious discrimination sex sex discrimination sexual orientation sexual orientation discrimination The Equality Act 2010 Vision Magazine

Lonmar Global Risks Limited v West – Harmless misconduct?

23 December 2010 | Bob Fahy

HR Magazine recently published an article that I did on the case of Lonmar Global Risks Limited v West & others. The interesting point about the case was that two senior employees were found by the...

Tags on this discussion: duty of fidelity Employees Employers Employment Employment issues HR Magazine HRMagazine Lonmar Global Risks Limited Lonmar Global Risks Limited v West Niel Mee restrictive covenant Restrictive Covenants West

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Latest news and views tagged Employment issues

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

What do flexible working and retirement have in common?

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

Psychics in the Police – Part III

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

Employer-friendly Tribunal Reforms

BBC Three Counties Radio Interview

Overview of the Equality Act 2010

Lonmar Global Risks Limited v West – Harmless misconduct?

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