Employment and Pensions Update - January 2018

Welcome to the January 2018 edition of the employment and pensions update - providing a monthly update on key legal issues for employers.

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Gabrielle Holgate, Kerry Garcia, Lloyd Davey, Hannah Ford
  1. Employer vicariously liable for employee's deliberate data breach

    In a decision that will concern all employers, the High Court has held that Morrisons supermarket was liable for the deliberate data breach by one of its employees, even though he intended to cause harm to his employer.   What happened? The employee... Read more
  2. Whistleblowing laws will not protect employees who do not come with clean hands

    Following the decision in Chesterton v Nurmohamed, the Employment Appeal Tribunal held in Parsons v Airplus International that if the only motivation for making a disclosure is self-interest, it will not qualify as a protective disclosure against... Read more
  3. Automatic enrolment update

    When the automatic enrolment legislation was first introduced in 2012 it brought in dramatic changes for employers in respect of pension provision for their workers.  For the first time ever employers were required to contribute to a qualifying... Read more
  4. Court of Appeal restores orthodoxy on burden of proof in discrimination claims

    We reported on a decision of the Employment Appeal Tribunal in Efobi v Royal Mail Group Ltd in September 2017. Please see the previous article here . This case changed the long established approach that the claimant bears the initial burden of proof in... Read more
  5. Rights of Apprentices

    Apprenticeships are becoming increasingly popular, meaning that the question of the rights enjoyed by apprentices is becoming relevant to more and more employers.  The position is slightly different depending on where the apprentice is employed.

    Abigail Etchells examines the rights for apprentices employed in England, in an article featured in People Management.​ READ MORE

  6. No transfer of undertaking where a gap between contracts

    The Advocate General considers there was no transfer of an undertaking where there was a break of 5 months between old and new contracts In the Spanish case of Colino Sigüenza v Ayuntamiento de Valladolid and others, the Advocate General found that... Read more

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