Employment and business law bulletin - February 2018

Knowledge of disability triggers reasonable adjustments obligations  

In the case of Donelien v Liberata UK Ltd [2018], the Court of Appeal had to consider whether it was reasonable to accept an employer’s defence that based on advice it had received from its Occupation Health Service (OH) coupled with its own knowledge of an employee’s absence, it was not possible for it to know that an employee had a disability and needed reasonable adjustments. To determine whether this defence was valid, the court had to consider at what stage was it reasonable to say that the employer had either actual or constructive knowledge that the employee had a disability.
Read more

The impact of GDPR on HR

On 25 May 2018 GDPR will apply to UK law, before this date employers and HR should carry out data protection impact assessments and identify how they collect, store, use and delete personal information and whether these processes will be compliant with the new rules. 
Read more

Employment status does matter

Failure to correctly identify the work status of an individual may result in a business being unware that an individual is entitled to employment rights. This in turn may lead to disputes relating to unpaid holidays and other issues. 

Read more

The Lloyd’s Market Association guidance on GDPR information notice

The LMA has issued a GDPR core uses information notice for the insurance industry. 

Read more

The question of when to start calculating a limitation period

Do you know that court claims must be brought within specific time periods depending on the nature of the claim? In several cases this time period is 6 six years. This often raises the question, when do you start counting the six years?
Read more

ICO prosecution after company ignores an Enforcement Notice

Being liable for a substantial fine will usually ensure that a company’s unlawful conduct is brought to an end. This was not the case for one Welsh company. 

Read more