Employment and business law bulletin - December 2018

Markel Law Bulletin Edition 22
A recent report by the Money and Mental Health Policy Institute, a charity set up by Martin Lewis (the founder of Money Saving Expert) and funded by insurers, Aviva, estimates that poor mental health costs UK employers up to £42 billion a year. The report also estimates that 300,000 people with long-term mental health conditions lose their job each year.
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Employment Status in the “gig economy
In the U.K. there are currently 3 different categories of working statuses for employment law purposes, which are: the self-employed, workers and employees. Each category has differing employment law rights.  Determining an individual’s true worker/employment status is a fact-specific exercise.  In the case of a dispute, ultimately this is a matter for the tribunals to establish.  A number of cases have come before the Employment Tribunals and Courts where this issue has been decided.   
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Three companies fined £1,417,320 after security guard killed
The Health and Safety Executive has released the following statistics for 2017/2018: 555,000 injuries occurred at work according to the Labour Force Survey, 144 workers were killed at work and 30.7 million working days lost due to work-related illness and workplace injury. This highlights the importance of making sure you know your health and safety obligations as a small business owner.  
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When is a disability an excluded condition for employment law purposes? Read our blog here to find out more.
Employment law legislation excludes certain conditions from the definition of disability, including a tendency to steal, set fires, or physically or sexually abuse other persons.  Where an employee's disability manifests in an accepted excluded condition, an employer may take disciplinary action, including dismissal, provided that the steps taken by the employer are part of a fair process and the reason for the action relates to the excluded condition and not to the underlying disability.  As set out in a recent case, the tribunals will determine if the employee has an excluded condition before deciding how that excluded condition relates to the alleged disability discrimination. 
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ICO issues first fines for non-payment of fee
It’s been several months since the introduction of the new data protection rules. The ICO has recently fined the first organisations for non-payment of the data protection fee. Read our blog to find out more. 
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2019 Key Developments
Looking ahead: We summarise the key developments in employment law for small and medium sized businesses in 2019 and beyond. Read our blog here to find out more.
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