Welcome to the December 2018 edition of the employment update - providing a monthly update on key legal issues for employers.
Employment Update - December 2018
- Employers vicariously liable for deliberate misuse of personal data by rogue employees
- Co-workers can be personally liable to whistleblowers for post dismissal losses
- Addison Lee drivers are workers
- Company vicariously liable for managing director's drunken assault on an employee
- A 'disappearing' dismissal
- Employer found vicariously liable for historic abuse by an independent physician
- Upcoming seminar: save the date
The recent Court of Appeal decision in the case of Wm Morrisons Supermarkets Plc v Various Claimants shows that employers may now be vicariously liable for data breaches caused by the deliberate acts of rogue employees, even where the employer is otherwise... Read more
In the recent case of Timis and another v Osipov , the Court of Appeal has considered whether two non-executive directors (NEDs) could be personally liable for losses suffered by a whistleblower after his dismissal (amounting to approximately... Read more
The Employment Appeal Tribunal has confirmed the Employment Tribunal’s finding that Addison’s Lee’s drivers were ‘workers’. This decision is unsurprising on the facts and is in line with previous decisions on individuals... Read more
In the recent case of Bellman v Northampton Recruitment Limited , the Court of Appeal has found that an employer was vicariously liable for a drunken assault carried out by the managing director on an employee. The employer was liable despite the fact that... Read more
In the recent case of Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that where an employee has been dismissed but then successfully appealed that decision under a contractual disciplinary procedure, the employee’s employment can be... Read more
In the case of Barclays Bank plc v Various Claimants the Court of Appeal has upheld the High Court’s finding that Barclays Bank was vicariously liable for historic acts of abuse by an independent physician that the Bank had appointed to examine job... Read more
Upcoming seminar: save the date
NEW YEAR RESIGNATIONS - EMPLOYEE COMPETITION AND DATA THEFT IN PRACTICE
Date: 31 January 2019
January is the most popular month for executives to jump ship for a competitor – is your business and its data safe from the enemy within?
Our Employee Competition, IP and Data Protection experts will offer practical guidance on how best to protect your business and deal with the immediate aftermath of an employee exit. Please check our events page for more details in the coming days.