Recent articles

    | Hannah Thomas
    When does a constructive dismissal claim fail?
    In order to succeed in a claim for constructive unfair dismissal, an employee must prove the employer has acted in such a way as to destroy the relationship of trust and confidence; that the employer’s breach has at least in part caused them to resign as a result and, finally, they demonstrate they did not accept the breach by avoiding delaying too long before resigning. A recent case, concerning a postal worker for Royal Mail provides useful guidance as to what an employee must demonstrate in order to successfully bring a claim for constructive dismissal. 
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    | Hannah Thomas
    Employer Right to Work Checking Service
    The Government online Employer’s Right to Work Checking Service enables UK employers to check the current right to work of an individual and to see whether they are subject to any immigration restrictions.  This online Checking Service was launched in April 2018.  However, employers have still needed to request paper documents alongside using the online service. Changes to legislation this month mean that employers can solely rely on the online service to demonstrate they conducted the necessary right to work checks on migrants and avoid a penalty if they are found to be employing illegal workers.  
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    | Hannah Thomas
    Lawful use of Covert Surveillance
    It appears reasonable that businesses who are suffering losses due to theft of cash or stock on their premises should be entitled to carry out covert surveillance until the culprits are identified and the problem addressed.  However, a Spanish case last year found that a Spanish employer’s constant and widespread covert CCTV installed at a Spanish supermarket, when it suspected its workers were stealing, breached the cashiers’ right to privacy under Spanish human rights law. When is it justifiable and proportionate for an employer to rely on covert surveillance in these circumstances? 
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