The Information Commissioner’s Office (ICO), the regulator responsible for policing the current legislation, has had difficulty enforcing the current legislation. Since 2010, of the £17.8 million in fines that it has imposed, for the making of nuisance calls and the sending of nuisance emails and texts, only just over half have been paid. The ICO’s efforts have been hampered by some of the companies it has fined going into liquidation rather than paying their fine.
A typical scenario may be where an employee accused of misconduct claims that they were not ‘thinking straight’ or indeed that their behaviour was ‘out of character’, caused by stress or issues with mental health.
You should not forget the other obligations that companies have under the Companies Act 2006 (CA 2006), such as, the obligation to keep a register of persons with significant control (PSCs).
The decision of whether or not to suspend an employee suspected of misconduct can be a difficult one for many employers. If an employer suspects an employee of serious misconduct, suspension may be an appropriate step to take but only in circumstances where the employee’s presence at work would either (a) jeopardise the fairness of the ensuing investigation or (b) where their presence could pose a potential threat to the business or other employees.
Taylor Wimpey has launched a Ground Rent Review Assistance Scheme. This comes following some heavy media coverage surrounding the issue of ‘doubling ground rent’.
Anxiety, depression and stress are now the leading cause of sickness absence in the UK and an estimated 70 million working days are lost every year because of mental health. This makes mental wellbeing a central concern for all workers and their employers.
A story very much in the headlines at the moment is the hacking of Uber’s computer system.
Maternity Action have released a report on how women are being unfairly dismissed while on maternity leave, returning from work and even during pregnancy.
Linder Myers is proud to feature in the Legal 500 legal directory. Each year the Legal 500 directory undertake an independent, full and comprehensive analysis of law firms across the United Kingdom in order to assess the best law firms across the country and by region.
A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?
What happens if, during an employee’s absence on maternity leave, an employer discovers that an employee had not been doing the work they should have been doing or, alternatively, finds that their maternity cover replacement is much better at the job?
A consumer is a person who purchases goods, services or digital content for their personal use and not as part of their business, profession, trade or craft. Law considers consumers to be in a weaker bargaining position in relation to traders and therefore offers them broader protections in an effort to bring balance to the trader-consumer relationship.
It is a practice of many employers to suspend employees who they suspect have committed an act of gross or serious misconduct.
However, many employers are unaware that by suspending an employee they may be exposing themselves to claims for constructive unfair dismissal.
One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.
British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.
Holiday pay legislation is a hot topic for many and as businesses and workers start planning leave for the summer holidays, it is essential to know the basics of holiday rights in employment.
Here are 10 key facts which you should know.
During the life of a Court dispute, it is often the case that parties will be asked to grant an extension or will be seeking an extension of time to take a particular step. What should you do?
A hot topic within the employment sector is the question of whether ‘sleeping time’ should be classed as ‘working time’ for the purpose of National Minimum Wage Regulations (NMWR).
The aim of this deliberation is to determine whether employees should be paid for hours spent sleeping whilst technically being ‘at work’. Many would declare that their dream job would be getting paid to sleep, but is there a valid argument to support this?
The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.
Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.
A nine month review into the world of work has been announced, which will hope to set out new employment rights for workers in the gig economy.
Tony Blair’s former policy chief, Matthew Taylor, has called on the Government to close a legal loophole which allows agencies such as Uber and Deliveroo to pay gig economy workers less than direct employees doing the same jobs.
The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.
One of those exceptions is if the Court thinks a party has behaved unreasonably.