Employment and business law bulletin - May 2018

GDPR May Update

In this article Rianda Markram of Markel Law provides an update on GDPR as the Information Commissioner’s Office (ICO), has published its final guidance on consent as a lawful basis for processing personal data under the General Data Protection Regulation (GDPR).

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Duty of care in respect of overgrown vegetation on land at a junction

A daytime road traffic accident at a junction lead to the defendant denying liability and arguing contributory negligence. The case raised a question of whether the Council and the Welsh Ministers owed users of the highway a duty of care in repect of vegetation on the land at the junction that impaired visibility for users of the highway.

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The letting fees ban in the private rented sector

The Tenant Fees Bill 2019-2019 aims to restrict landlords and letting agents from charging their tenants with certain payments, commonly called letting fees. 

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Avoiding controversial conversations in the workplace

Participating, in controversial conversations whilst at work can create a disruptive change in the working atmosphere and cause possible offence to colleagues. In the case of, Bakkali v Greater Manchester Buses (South) Limited, we can see how one employee’s controversial discussion later resulted in him feeling he was being harassed on religious and racial grounds for expressing his view. 

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A “last straw” event may be capable of reviving a dormant constructive dismissal complaint

In a recent Court of Appeal decision, helpful guidance has been set down in relation to constructive dismissal and the application of the “last straw” principle.  Interestingly, the case also ruled that a seemingly insignificant event may be capable of amounting to a last straw and as such breathing new life into a previously dormant constructive dismissal complaint.  

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Courier cyclist found to have worker status

The latest employment status dispute to appear before the Employment Appeal Tribunal, relating to an Addison Lee courier cyclist has resulted in an undesirable result for employers operating in the gig economy.

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