The European Court of Human Rights has just delivered its decision in a case concerning an employer in Romania who accessed an employee’s Yahoo Messenger account, accessed and printed personal messages between the employee, his fiancée and his brother, some of them intimate and containing details about his sex life and dismissed him. The printed […]
If an employer is responsible for an employee’s ill health, or has acted in a manner which has exasperated an employee’s ill health, these are relevant considerations that an employer should take into account when they are deciding whether it is reasonable to dismiss an employee on the basis of their incapacity due to ill health, and when that dismissal should be put into force and effect.
Data Protection There has been considerable press coverage of the European Court of Justice’s decision in the first week of October that the Safe Harbour Framework which many businesses used to transfer employees’ personal data from the UK to the United States, does not comply with data protection legislation. The European Court held that there […]
On 10 September 2015 the Court of Justice for the European Union ruled on the case of Federation de Services v. Tyco and held that workers who have no fixed place of work and who travel between their homes and their first and last customers of the day were to be considered as working whilst […]
When an employee has been dismissed due to misconduct, and the employee then brings a claim that the dismissal was unfair, the employer will have to show the Tribunal that it had reasonable grounds for holding a genuine belief that the employee had been guilty of misconduct, and that the employer had undertaken a reasonable investigation prior to reaching that decision.