Case law has shown that an employee’s right to privacy is not reduced to zero at work. Article 8 of the European Convention on Human Rights provides that everyone has the right to respect for their private and family life and correspondence. Any breach of that right can result in a misuse of confidential information claim. In Barbulescu v Romania, the employee was dismissed for personal internet use which was banned at work. The employer accessed private emails which the employee had sent to his fiancé and brother as well as his private Yahoo messages from his work computer. The ECtHR said the employee’s right to privacy had been infringed. It is a balance though. In the recent case of Brake v Guy, the Court of Appeal decided that an employer did not breach any privacy rights when accessing an employee’s personal emails.
Notice is normally needed in order to lawfully end an employment contract. A failure to give notice – by either party – will usually be a breach of contract. Many employers include PILON – payment in lieu of notice – clauses in employment contracts to enable them to end employment early provided they pay the correct notice pay. If an employee resigns, there will be no dismissal. However, s95 Employment Rights Act 1996 says that an employee is dismissed if the employment contract is terminated by the employer, with or without notice. The EAT has looked at a case where the employee resigned but the employer ended the contract before the notice period had ended by making a payment in lieu of notice. The employee said he had been dismissed and was therefore entitled to bring an unfair dismissal claim.
The government has confirmed that it has accepted the views of the Low Pay Commission and apply the following increases in the National Living Wage and National Minimum Wage from 01 April 2022:
Even for seasoned employment law practitioners, the decision of P&O to sack its entire workforce with no notice and by pre-recorded video came as a shock. No warnings, no consultation, no in-person discussions. Such was the shock and speed of the dismissals that some employees were unable to gather all their belongings in time. P&O’s plan is to reduce costs by replacing the entire 800-strong workforce with much cheaper agency workers to whom they believe the UK’s national minimum wage rules will not apply.
Nikhil joined Bermans in October 2022 and is a Trainee Solicitor currently working in our Corporate Team.
He predominantly assists the team with a variety of corporate transactions such as incorporations, mergers and acquisitions, corporate finance and restructuring.
Nikhil graduated from Manchester Metropolitan University with a Law Degree in 2019 as well as a Distinction in the Legal Practice Course in 2021.
Outside of work, Nikhil enjoys playing a variety of sports such as football and tennis. He is also a passionate Manchester United supporter.”
Outside of work, Nikhil enjoys playing a variety of sports such as football and tennis. He is also a passionate Manchester United supporter.
Andy Wood is a tax adviser and Barrister with ETC Tax. His clients include entrepreneurs, high-net-worth individuals, sports persons and entertainers and private companies. He believes passionately that all clients should get clear and decisive advice that should be delivered in plain English.
We are looking for an experienced and enthusiastic Property Finance Paralegal to join our Property and Construction team. The existing team is friendly, welcoming and hard-working and we are seeking a like-minded individual.
Robin Hastings (pictured below), qualified as a solicitor in 2011 having trained in London and after a spell at a large regional firm in Manchester joined Bermans in December 2015. He is now a Senior Associate in the Corporate department.
We met up with Fred Thompson (pictured below), Chief Technical Officer at Clarus WMS, who offer a solution to all your warehouse needs, to chat with him about his typical working day, business challenges as an SME, and exciting plans for the future.
Fred Thompson, CTO
1. What is your business?
I’m the Chief Technology Officer at Clarus Software, featuring ClarusWMS, a cloud-based Warehouse Management System (WMS) that enables modern logistics companies to run their warehouse effectively and to its maximum capability.
The Coronavirus Job Retention Scheme (“Furlough Scheme”) has been a lifeline to many employers during the Covid-19 pandemic, allowing businesses to retain employees that would have otherwise faced redundancy, but the scheme is now winding down and the Government is encouraging employees back to work with the lifting of the last restrictions from 19 July 2021. The return to work and the winding down of the furlough scheme however mean that business will face new challenges.
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