Scotland

General News, Articles and Information from The POA North of the Border:

29.01.2016

Levy & McRae Newsbrief: January 2016

Accessing employees’ personal messages at work might not breach Article 8

Employee’s right to respect for a private life, family and correspondence put in to question.

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Fair trial may no longer be possible if ET’s trust in claimant undermined

A fair trial may no longer be possible if the employment tribunal’s trust in the claimant’s veracity has been fatally undermined.

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Early conciliation: calculating extension of time limit where Acas is contacted prior to dismissal

An employment judge has considered how to calculate an extension of time in circumstances where Acas early conciliation (EC) began prior to dismissal.

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Unpaid Awards and Settlements – Penalty Notices

The Government is intending to bring the new ‘unpaid award penalties’ into force from April 2016

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News from IDS Brief: No post-termination discrimination claim against employer’s statutory successor

The EAT has held that a former employee of a police authority, which was abolished and replaced by a new statutory authority, could not bring a claim of post-termination discrimination against the new body.

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Zero Hour Contracts

At last, some real protection has been introduced for zero hour contract workers.

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Wrongful Dismissal: Farnan v Sunderland Association Football Club Ltd

The Queen’s Bench Division held that as the claimant had, on the facts, committed repeated breaches of his contract of employment in disclosing confidential information and therefore, the defendant football club employer had been entitled to dismiss him for gross misconduct.

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Dismissals, without more, do not engage the Art 8 right to a private life

A simple dismissal of itself and without some additional feature does not engage the right to a private life under Article 8 of the European Convention on Human Rights.

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Discrimination: Instruction to speak English not discrimination

Was an instruction to a non-native English speaker not to speak in her native language at work discriminatory? No, held the EAT.

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