UK: EAT rules that connected disciplinary investigations do not need to be ‘sealed off’; dismissal for employee covert surveillance may be unfair

The EAT ruling in Northbay Pelagic Limited v Anderson makes clear that it will not always be fair for an employer to dismiss an employee who has set up covert surveillance at the workplace.  Here, the employee was a director who had reason to suspect that someone had entered his personal office and accessed his computer; … Read more

Asia Employment, Pensions and Incentives Update July 2020

As we hit mid year, the employment landscape across Asia has started to move away from only focussing on Covid-19 related emergency measures. Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision in Malaysia in Ahmad Zahriv AIMS Cyberjaya Sdn BHd in relation to fixed term employment contracts; the restrictions … Read more

Asia Employment, Pensions and Incentives Update May 2020

Our Asia Employment, Pensions and Incentives update this month looks at: the new measures in South Korea introducing paid emergency childcare leave to ease the burden on working parents; the Employment Adjustment Subsidy in Japan, intended to try and prevent employers from resorting to immediate redundancies; in Thailand, the new data protection rules and how … Read more

COVID-19: People: data protection update for employers (Germany)

For many employers, COVID-19 has led to the closure or the impairment of operations. However, some employers have been able to continue their operations unchanged. If the business reopens after the lockdown, all employers will be equally compelled to take measures to ensure both business continuity and employee protection. In many instances, this involves increased … Read more

UK: Supreme Court rules that Morrisons not vicariously liable for ‘rogue’ employee’s data breach

The Supreme Court has today overturned the Court of Appeal’s ruling in Morrisons Supermarkets Plc v Various Claimants. The decision re-establishes that, when determining an employer’s vicarious liability, a key focus is whether the employee was pursuing their own, rather than their employer’s, objectives when doing the wrongful act. The test for rendering an employer … Read more

UK: stricter timescale for employers to respond to subject access request

The Information Commissioner’s Office has amended its General Data Protection Regulation: Right of access guidance to apply a stricter timescale for employers (and other data controllers) to comply with a data subject access request (DSAR). Previously, if a controller asked the data subject for further information/clarification of the request, the start of the one-month time … Read more