Employment and business law bulletin - November 2017

GDPR advice line launched by the ICO

The Information Commissioners Office has launched a GDPR advice line for small businesses.

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Health and Safety failings led to tragic deaths – two recent court decisions

Small businesses are usually aware of their obligations to do risk assessments and to act when they are made aware of potential hazards in the workplace. We consider the consequences which business owners may face, if they disregard Health and Safety rules.

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Automatic compensation for consumers and smaller businesses for broadband and landline users

This announcement by Ofcom is good news but the 15-month implementation period is likely to disappoint many small business owners.

Further details on this scheme

Weekly rest break

The European Court of Justice (ECJ) has recently ruled that there was no requirement for an employer to provide a worker with weekly rest directly after every six consecutive days of work. We discuss what this now means in practical terms for employers when preparing workforce plans.

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Championing better wellbeing in the workplace

According to figures reported by the Office of National Statistics (ONS), during 2016 the estimated working days lost to sickness or injury was 137.3 million. It is not within an employers' control to prevent employees from catching a cold or suffering from illness. We consider preventative interventions recommended in the "Thriving at Work" report, commissioned by the Government.

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Uber drivers are "workers"

The latest decision about the status of individuals working within the "gig economy" was given by the Employment Appeal Tribunal (EAT) on Friday 10 November 2017. The EAT ruled in favour of the drivers and stated that they are workers and as such are entitled to basic employment law rights. Uber has indicated they intend to appeal the EAT decision, so there is still a possibility that the Court of Appeal may take a different view of whether the drivers should be classed as "workers". In the meantime, employers operating businesses within the "gig economy" will need to review the status of individuals currently working in association with them on a self-employed basis.

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