Employers are now turning their minds to the many and varied issues they need to consider when planning for the end of lockdown - even though of course they will need to wait for details of the precise timing and phasing of...more
5/8/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Data Protection ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Furloughs ,
General Data Protection Regulation (GDPR) ,
Government Lockdown ,
Holiday Pay ,
Job Retention Schemes ,
Medical Monitoring ,
Mental Health ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Remote Working ,
Remuneration ,
Risk Assessment ,
Social Distancing ,
UK ,
Workplace Safety
The Information Commissioner’s Office (ICO), the UK’s data protection supervisory authority, has recently issued guidance outlining its approach to the enforcement of data protection obligations during the COVID-19 pandemic....more
4/27/2020
/ Coronavirus/COVID-19 ,
Data Breach ,
Data Protection ,
Enforcement ,
Fines ,
Investigations ,
New Guidance ,
Notification Requirements ,
Relief Measures ,
Subject Access Request (SAR) ,
UK ,
UK ICO
The development by HMRC of its Coronavirus Job Retention Scheme (“the Scheme”), now extended in its operation until the end of June 2020, has involved numerous iterations of its guidance for employers and employees, the...more
4/20/2020
/ Accrual Requirements ,
Coronavirus/COVID-19 ,
Federal Funding ,
Furloughs ,
HMRC ,
Holiday Pay ,
Holidays ,
Job Retention Schemes ,
UK ,
Wage and Hour ,
Working Time Regulations
As previously reported here the Government announced its Coronavirus Job Retention Scheme (“the Scheme”) on Friday 20 March 2020.
Whilst the key features of the Scheme had already been outlined, presenting employers with...more
The Government’s announcement last week of its Coronavirus Job Retention Scheme (“the Scheme”) may have provided considerable encouragement to businesses and employees that financial support would be available from the UK...more
Employers’ primary concern at this time will be the health and safety of their employees in the wake of what has been declared a global pandemic by the World Health Organization. However, employers should still have regard to...more
At the end of January 2020, the Government raised the UK risk level in respect of the current outbreak of COVID-19 (Coronavirus) from low to moderate. Since then the Government has escalated planning and preparation in case...more
3/10/2020
/ Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Paid Family Leave Law ,
Policies and Procedures ,
Public Health ,
Sick Pay ,
Traveling Employee ,
UK ,
Workplace Safety
A recent High Court decision concerning compliance with a data subject access request considered the basis upon which an individual can require the data controller to provide the names of those in receipt of his or her...more
5/25/2019
/ Appeals ,
Civil Conspiracy ,
Compliance ,
Covered Recipients ,
Data Controller ,
Data Subject Access Requests ,
Expert Witness ,
Fraud ,
Information Sources ,
Order To Compel ,
Personal Data ,
Redacted Documents ,
Trial Court Orders ,
UK ,
UK Data Protection Act
The UK Government recently published its Good Work Plan, a package of labour market reforms proposed in response to the review conducted by Matthew Taylor into the changing British labour market and which published its...more
1/7/2019
/ Agency Relationship ,
Breach of Contract ,
Corporate Counsel ,
Derogation ,
Employee Rights ,
Employer Liability Issues ,
Employment Tribunals ,
Federal Labor Laws ,
Gig Economy ,
Holiday Pay ,
Labor Reform ,
Notice Requirements ,
Penalties ,
Proposed Amendments ,
Sweden ,
Temporary Employees ,
UK ,
Written Agreements
A data subject (defined in the GDPR as an identified or identifiable natural person) has a right under the General Data Protection Regulation (GDPR) to make a data subject access request (DSAR) to find out what personal data...more
12/4/2018
/ Corporate Counsel ,
Data Controller ,
Data Subject Access Requests ,
Discovery ,
Electronically Stored Information ,
EU ,
Exceptions ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Personal Data ,
Redaction ,
Scope of Discovery Requests ,
Third-Party ,
UK Data Protection Act
An immense volume of personal data (or personally identifiable information) is proliferating and flowing throughout the world. Personal data is an incredibly valuable asset to companies but data protection and privacy laws...more
3/13/2018
/ Consent ,
Contract Terms ,
Data Controller ,
Data Mapping ,
Data Protection Officers (DPOs) ,
Employee Training ,
Employer Liability Issues ,
EU ,
EU Data Protection Laws ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Multinationals ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Third-Party Relationships
Article 30 of the General Data Protection Regulation (GDPR), which comes into force on 25 May 2018, places an obligation upon data controllers and processors to keep internal records of data processing activities. The data...more
The Hampton-Alexander Review (the “Review”), an independent, business led review supported by the UK Government, has published its ‘one year on’ supplementary report on gender balance in FTSE leadership....more
11/17/2017
/ Board of Directors ,
Corporate Governance ,
Diversity ,
FTSE ,
Gender-Based Pay Discrimination ,
Leadership ,
Pay Gap ,
Performance Reviews ,
Publicly-Traded Companies ,
Reporting Requirements ,
UK ,
Wage and Hour ,
Woman Board Members
What is a ‘personal data breach’? First things first, what exactly is a personal data breach? The GDPR defines it as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised...more
11/1/2017
/ Article 29 Working Party (WP29) ,
Breach Notification Rule ,
Data Breach ,
Data Processors ,
Digital Service Providers ,
Economic Sanctions ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Notification Requirements ,
Personal Data
The UK's Information Commissioner, Elizabeth Denham, has launched a series of blogs designed to “bust some of the myths” which she believes have developed around the EU General Data Protection Regulation (GDPR). Her first...more
8/22/2017
/ Consent ,
Corporate Counsel ,
Data Controller ,
Data Processors ,
Employee Privacy Rights ,
Employer Liability Issues ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Personal Data ,
Popular ,
UK ,
UK Data Protection Act
The Queen’s Speech on 21 June 2017 confirmed the government’s plans for a new data protection law ensuring "that the United Kingdom retains its world-class regime protecting personal data". ...more
In this context, the English High Court recently granted an interim injunction preventing the disclosure and publication by Reuters of information from confidential documents relating to a fund manager, Brevan Howard Asset...more
The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2017, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more
This OnPoint reports on the Court of Appeal judgment in Dawson-Damer & Ors v Taylor Wessing LLP, handed down on 16 February 2017, which addresses two key aspects of the legislation enabling individuals to lodge subject access...more
Under section 7 of the Data Protection Act 1998 (DPA) employees are entitled to make a data “subject access request” (SAR) in order to obtain copies of the personal data held about them by their employer and certain other...more
There are important differences between the approaches that different countries take to address the issue of workplace bullying. This OnPoint provides an overview of the approaches taken in France, Germany, Russia, the UK and...more
6/1/2016
/ Employer Liability Issues ,
Employment Discrimination ,
France ,
Germany ,
Harassment ,
International Labor Laws ,
Popular ,
Russia ,
UK ,
Unions ,
Workplace Bullying ,
Wrongful Termination
The UK Employment Appeal Tribunal (“EAT”) held on 9 March 2016 in Peninsula Business Services Ltd v Donaldson that it was not unlawfully discriminatory for an employer to suspend the payment of childcare vouchers during...more
Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more
The Court of Justice of the European Union (the CJEU) has held, in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL & ors, that for the purposes of the Working Time Directive...more
Zero hours contracts are favoured by many employers in the United Kingdom due to their flexible nature, allowing them to respond to fluctuating demands for services. According to the Office of National Statistics, in the...more