Employment Bulletin - January 2019

This month’s bulletin includes the following articles​:

  • In what circumstances do workers automatically lose right to payment in lieu of holiday?
  • Did a tribunal fail to apply the correct test when assessing disability?
  • Employer held liable for Employee’s deliberate data breach
  • Headteachers and a maintained school’s Governing Body owed a fiduciary duty to a local authority in spending the delegated budget
  • Equal pay time limits: stable working relationship can be maintained through promotions​
  • The Good Work Plan and the series of proposed changes to employment law
In what circumstances do workers automatically lose right to payment in lieu of holiday?

The European Court of Justice (“ECJ”) has provided guidance on the right to payment in lieu for holiday entitlement accrued but voluntarily not taken in accordance with Article 7 of the Working Time Directive. Two German cases were referred for clarification on this matter.

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Did a tribunal fail to apply the correct test when assessing disability?

The Employment Appeal Tribunal [EAT] held the Tribunal did apply the correct test when assessing disability.

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Employer held liable for Employee’s deliberate data breach

In a momentous decision, the UK’s first data leak group action, the Court of Appeal has upheld a High Court ruling that supermarket chain WM Morrison Supermarkets PLC [‘’Morrisons’’] is liable for the actions of their former Employee with the Employee deliberately leaking data of past and present employees of Morrisons.

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Headteachers and a maintained school’s Governing Body owed a fiduciary duty to a local authority in spending the delegated budget

A fiduciary is someone who has undertaken an act for on behalf of another in circumstances which give rise to a relationship of trust and confidence. It gives rise to a legitimate expectation that the fiduciary will not utilise their interest in an adverse way to the interests of the principal.

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Equal pay time limits: stable working relationship can be maintained through promotions

Equal pay means an employee is entitled to the same wages as someone doing work of equal or equivalent value. If a person is not being paid equally, they can bring an equal pay claim and allows for a claim of up to a maximum of six years of lost earnings.

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The Good Work Plan and the series of proposed changes to employment law

Employment Tribunals already have powers to impose additional penalties where an employer has breached its obligations. Aggravated breach penalties are rarely used in practice but the Government wants to encourage these to be used more often and proposes to increase the penalty from £5,000 to £20,000.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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