Employment and business law bulletin - March 2018

Working time may now include time spent at home on standby

In the case of Ville de Nivelles v Matzak the CJEU ruled that time spent on-call/stand-by at home, during which an employer placed significant restricting conditions on the workers freedom to do non-work related activities, would cause the on-call/stand-by time to be treated as working time. This would be the case regardless of whether any work was actual performed during that time.
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Delayed dismissal resulted in claim of discrimination

When it becomes evident that the employee’s work ethic is out of sync with the business, then a common response is to cut ties with the individual. However, as can be seen from the recently reported Employment Appeal Tribunal (EAT) case of Really Easy Car Credit v Thompson [2018] timing and an adequate paper trail demonstrating a fair reason to dismiss, is still key, even when making a decision to dismiss a short serving employee.
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Data Protection Bill

The introduction of the Data Protection Bill will supplement the GDPR, implement the EU Law Enforcement Directive, as well as extend data protection laws to areas which are not covered by the GDPR.

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Fragmentation of work resulted in no TUPE transfer

In a recent EAT case a judge ruled that when an outgoing care service provider’s work was fragmented across several incoming care service providers, there was no TUPE transfer of the original care service to the incoming service providers. 

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35 years’ imprisonment for fraudulent “copycat” websites

The National Trading Standards eCrime Team successfully brought prosecutions against the individuals which defrauded UK consumers out of over £37 million by operating fraudulent "copycat" websites.
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New Code of Practice for product safety recall

The Office for Product Safety and Standards and the British Standards Institution (BSI) have joined forces to publish the first government-backed voluntary Code of Practice for product safety recall in the UK. 

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