Employment news - October 2018 #2

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Who's the boss? Employer liable for MD's assault on member of staff

The Court of Appeal found an employer liable for its managing director's assault on a member of staff during a post-Christmas party drinking session, in Bellman v Northampton Recruitment Ltd. At the time of the assault the managing director was asserting his authority over his staff, so there was a sufficiently close connection between the employment and the assault.

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Don't ask why – Employer liable for employee's deliberate data protection breach

The Court of Appeal has also upheld the decision in WM Morrison Supermarkets PLC v Various Claimants that an employer was vicariously liable for the deliberate disclosure of confidential employee information by a member of staff with a grudge against it.
 
 
In the round – job description not in itself a PCP
 
A job description was not a PCP that put the employee at a disadvantage according to the Court of Appeal in Brangwyn v South Warwickshire NHS Foundation Trust in light of the employer's agreement that the employee did not have to perform some elements of the role.
 
 
Next steps – consultation on ethnicity pay reporting
 
The government has published a consultation paper inviting views on how to implement its intention to introduce mandatory ethnicity pay reporting.

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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