The courts will not enforce compliance with a data subject access request (also referred to as a DSAR) where compliance would not be reasonable or the search would require disproportionate effort. The motive for submitting the data subject access request will also be relevant to the court’s decision.
An employer’s refusal to allow an employee to be accompanied to an investigation meeting by a representative from a professional defence organisation was held to be a breach of contract even though the representative was neither a Trade Union representative nor colleague.
The High Court has made a significant decision which will prevent exiting members of an LLP from avoiding restrictive covenants by alleging they had resigned in response to the employer’s breach of contract.
An injunction has been granted to require that a company withdraw its motions in a Massachusetts court against an employee domiciled in the UK. This was so despite the fact that the relevant agreement reserved jurisdiction to the Massachusetts courts.
An employer can fairly dismiss an employee for making derogatory comments on a personal Facebook account. This is so even where the posts in question were made a number of years previously and were explained by the employee as ‘banter’.
Workers on sick leave can choose to carry over their annual leave for up to 18 months after the leave year in which it accrued. There is no need for the worker to be physically incapable of taking their annual leave entitlement.
An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal.
In the context of the Information and Consultation of Employees Regulations 2004, an "undertaking" refers to a legal entity – i.e. the employer as a whole – rather than individual business units.
An employer’s claim that it failed to consult collectively because it was not aware that it was obliged to do so is no excuse, and protective awards (of up to three months pay per employee) remain payable in such circumstances. Further, if an employer has relied on its ignorance to justify non-consultation, it cannot also suggest that special circumstances had rendered collective consultation not reasonably practicable.
A fairly conducted appeal is capable of remedying even serious procedural defects in the first part of a disciplinary process.