Employment law update

February 2021

Session 1 - case law update

We will provide an update on recent cases, looking at how the courts and tribunals have answered several questions, including:

  • Was the removal of a Christian magistrate after he spoke to the press disapproving of same-sex adoptions victimisation?

  • Was a teacher who was charged with possession of indecent images, but not prosecuted, unfairly dismissed?

  • Was it a breach of equal pay law when an employer could explain, but not justify, a female HR Executive's lower salary compared to that of her male counterparts?

Session 2 - data subject access requests (DSARs)

We will be answering questions on handling data subject access requests, such as:

 

  • What amounts to a DSAR?

  • When can we refuse to respond?

  • How extensive does our search for documents need to be?

  • Should we disclose information that refers to other people?

  • Which data are exempt and so don’t need to be disclosed?

  • What information must we give with the DSAR response?

  • What is the remedy for a failure to respond and/or supply relevant information following a DSAR

Session 3 - case law update

We will continue our update on recent cases, looking at how the courts and tribunals have answered several questions, including:

  • Can one employee transfer to multiple transferees?

  • Can a dismissal for some other substantial reason (SOSR) without any procedure be fair?

  • When might you be liable to pay an employee's wages whilst their unfair dismissal claim is waiting to be heard?

 

We will also discuss some of the case decisions we are expecting later this year.

Session 4 - managing remote employees

We will talk about:

  • Planning to manage performance and work-load with a remote workforce

  • Thinking about the health and safety of employees who are working remotely

  • Securing your data when employees are working remotely – GDPR concerns

Session 5 - social media cases

What can you do when employees use social media inappropriately?

  • Can I sack an employee for making sexist comments on their Facebook page?

  • What action can I take against someone who has inappropriate photos on Instagram?

  • Can an employee complain to the press about their treatment at work, without raising a grievance first?