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Motor Trade Legal News

GDPR: Employee imprisoned for unlawfully accessing personal data

Companies have been under a duty to protect personal data for over 20 years. However, with GDPR coming into force 25 May 2018 and Data Protection Act 2018 increasing these protections and setting a new standard, data protection been in the forefront of the industry over recent months.

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Notice of Termination of Employment: When is it effective?

The precise date on which notice of termination takes effect in an employment contract is an important question.  It often determines if and when claims can be brought in an Employment Tribunal and in the Courts, as there are limitation periods for claims (mostly 3 months in an Employment Tribunal).

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Unfair Dismissal: Qualifying Period

It has long been established that an employee needs 2 years’ service to claim normal unfair dismissal under the Employment rights Act 1996.

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Discrimination arising from disability

Under the Equality Act, there can be claims for direct discrimination and also a separate claim for “discrimination arising from disability” under Section 15 of the Equality Act 2010. The Court of Appeal has recently (City of York Council v Grosset) reaffirmed the width of that protection for disabled employees.

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Perceived disability discrimination

In a recent case law development the Employment Appeal Tribunal (EAT) has provided a sobering reminder to employers of the extent of the protected offered by the Equality Act in respect of disability discrimination.  In Chief Constable of Norfolk v Coffey the EAT affirmed that it can be direct disability discrimination if a non-disabled job applicant is rejected because of a perception that a condition could become a disability in the future.

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