Employment and business law bulletin - November 2018

Part time workers calculation of annual leave
The regulations that apply to the calculation of holiday and to part-time workers do not set out any precise formula for calculating holiday pay for part-time workers where they do not work fixed hours or days each week, or work during term-time only.  However, the onus remains on the employer to ensure that the holiday calculation they apply to their part-time workers is lawful.  A number of cases have come before the employment tribunal where this issue has been considered.     
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Liverpool business fined and its director jailed after worker killed
Organisations often underestimate the importance of ensuring that proper health and safety measures are in place in the workplace to protect employees and the public. In a recent case a company director was jailed for 8 months following the death of a worker and a subsequent failure to take steps to improve and maintain health and safety in the workplace. Read our summary to find out what happened.
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Social media misconduct and dismissals
Introduction: When is it fair for an employer to dismiss an employee due to reputational damage?  Read our blog here to find out more.
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New guidance on the use of third party data in marketing
The introduction of the GDPR raised questions about the ability of organisations to use third party data in marketing activities. Fortunately, organisations should note that there is nothing in the GDPR that prohibits the use of third party data provided that it is undertaken in the right way with the appropriate safeguards. Find out more here. 
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Where should the employer draw the line on office banter?
An issue that sometimes arises in the workplace is the extent to which employees can maintain that teasing behaviour by work colleagues is unwanted and even discriminatory, where the same employees have also indulged in workplace banter and, on the face of it, are willing participants of this.   The employer would be expected to act where the “banter” is unwanted and, where proven, take disciplinary action against the culprits where appropriate.  Read our blog for a summary of a recent case that considered this issue.
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New ICO guidance on passwords and encryption
The Information Commissioner’s Office (ICO) regularly updates its guidance on matters relating to privacy and data protection. In its latest guidance the ICO addresses passwords and encryption in the context of taking technical and organisational security matters. Read our blog to find out more about the content of this guidance. 
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