An important article given that the consultation contains some important proposals that could have a very significant effect, not simply by introducing new rights, but also by affecting those that are already familiar.  Catherine Casserley, a specialist discrimination barrister at Cloisters, considers the government proposals further.

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SUMMARY

This month’s edition is a bumper summer read. Government departments seemed to hasten to publish proposals and we set out the various new plans, consultations and responses and explain the context for each. Meanwhile key cases this month include useful guidance from the EAT on the law around whistleblowing, and from the Supreme Court on restrictive covenants and the blue pencil test.  There are also cases dealing with practical workplace issues such as covert recording of meetings and whether agency workers have the right to the same hours as the hirer’s employees.

The next edition of Emplaw Monthly will be in September.

Podcast from Jason Galbraith-Marten QC and Chris Milsom from Cloisters, which discuss the recent spate of Employment Status cases and asks; why are they coming to prominence now and what should we look out for in the future?

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A useful article from Emplaw authors Moorcrofts explaining the recent Supreme Court decision about the enforcability of post termination restrictions.

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An article from Emplaw author Colin Lekey from Lewis Silkin with 10 key takeaways from the EU’s Transparent and Predictable Working Conditions Directive . The Directive has been  passed by all parts of the EU’s legislative machinery and Member States have until mid-2022, to implement it into domestic law. Depending on the final shape of Brexit or not, the UK may or may not be obliged to comply with the Directive but it has already shaped  UK legislation with regards to new requirements for written statements coming into force next year.

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Your one-stop monthly read to keep you up to date on employment law, news and cases. Working time holiday and record keeping headline this month as well an update on NDAs and new reporting requirements for companies.

An article from Emplaw authors, Lewis Silkin, discussing the recent Court of Appeal decision in East of England Ambulance Service NHS Trust v Flowers confirming  when the Working Time Directive requires voluntary overtime to be included in holiday pay, plus WTD tips for employers

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A  podcast from barristers at Cloisters discussing the practical ramifications of the Court of Appeal decision in Efobi, including what evidence each party is expected to present or seek in discrimination claims for the purpose of Stage 1, and the extent of the assistance a litigant in person can expect from a tribunal. Watch now

Information Commissioner

Key Points

  • Please see our summary GDPR card here
  • The Information Commissioner is an independent officer, appointed by the Queen for a seven year term and reporting directly to Parliament, whose role is to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals.
  • The Commissioner acts through his Office, commonly referred to as the 'ICO'. 
  • Please see our summary GDPR card here
  • The Information Commissioner is an independent officer, appointed by the Queen for a seven year term and reporting directly to Parliament, whose role is to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals.
  • The Commissioner acts through his Office, commonly referred to as the 'ICO'. 

Personal Data

Key Points

  • This card represents the law post-GDPR implementation. Please see our summary GDPR card here
  • The definition of personal data is contained in Data Protection Act 2018, section 3
  • Personal data under the DPA 2018 has to be interpreted consistently with the definition of personal data in the GDPR
  • Personal data is defined in a more detailed way than under the Data Protection Act 1998 and there are tighter restrictions on employers, as data controllers, on processing personal data
  • This means that the GDPR and the DPA 2018 must be read side by side
  • The GDPR has direct effect across all EU member states although member states can make provisions for how it applies in each country. 
  • This card represents the law post-GDPR implementation. Please see our summary GDPR card here
  • The definition of personal data is contained in Data Protection Act 2018, section 3
  • Personal data under the DPA 2018 has to be interpreted consistently with the definition of personal data in the GDPR
  • Personal data is defined in a more detailed way than under the Data Protection Act 1998 and there are tighter restrictions on employers, as data controllers, on processing personal data
  • This means that the GDPR and the DPA 2018 must be read side by side
  • The GDPR has direct effect across all EU member states although member states can make provisions for how it applies in each country.