Dentons - UK Employment Law Round-up

Holiday headaches!

November 29, 2018

The right to paid holiday has been the subject of intense judicial scrutiny over recent years. As we approach the festive holiday season, two new cases illustrate that the issue is not yet settled and prompts us to provide a brief recap of some key points to remember.

Individual employees can be liable for a detriment suffered by a whistleblower

November 29, 2018

In the case of Timis and another v. Osipov [2018] EWCA Civ 2321 the Court of Appeal confirmed that an employee can bring a claim against their co-workers, along with the employer, for being subjected to the detriment of dismissal arising from making a protected disclosure (commonly known as whistleblowing).

"Fat, ginger pikey" comment was not harassment

November 29, 2018

In Evans v. Xactly Corporation Ltd UKEATPA/0128/18/LA, the Employment Appeal Tribunal considered whether some rather offensive comments constituted harassment and/or discrimination and held that, on the particular facts of the case, they did not.

Court of Appeal rules on part-time cabin crew's alleged less favourable treatment

November 29, 2018

In the recent case of British Airways plc v. Pinaud, the Court of Appeal had to decide whether a part-time worker who was required to be available for proportionally more days than her full-time comparator was treated less favourably, contrary to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

The insider threat and data protection

November 29, 2018

If we were to hazard a guess at what furrows the brows of Data Protection Officers (DPOs) when considering data breach risk, following the Court of Appeal's judgment in WM Morrison Supermarkets Plc v. Various Claimants [2018] EWCA Civ 2339, the "insider threat" should be at the forefront of our minds. Below, we offer our views on the Morrisons case and some practical tips on how to mitigate these risks.