Social media cases have been in the news this year, and the latest is another cautionary tale for employers seeking to discipline for social media use outside the workplace.
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Illustrates the importance of an employer not only issuing terms and conditions, but the receipt of a signed copy from the employee.
ECtHR rule that dismissal of bus driver due to BNP membership was in breach of employee's human rights
In addition to finding that the dismissal was a violation of the European Convention on Human Rights, the ECtHR also commented that previous qualifying period of one year for unfair dismissal protection was "deficient".
In a speech this week at the Confederation of British Industry ("CBI") conference, David Cameron is, in his words, "calling time" on equality impact assessments under the Equality Act 2010 ("the Act"). Although conceding that the Act was "not a bad piece of legislation", Mr Cameron opined that the Government was going too far by conducting equality impact assessments "for every decision" made by it, calling this "bureaucratic nonsense". Instead, the Government will seek to rely on "smart people in Whitehall who consider equalities issues while they're making the policy". Finally, Mr Cameron told the delegates that "you no longer have to do [equality impact assessments] if these issues have been properly considered".
On 28th November 2012, Lady Paton delivered the Opinion of the Inner House in the matter of Freddie Williams Bookmakers v East Ayrshire Council & William Hill Organization Limited  CSIH 89 which is understood to be first appeal in Scotland to the Court of Session under the Gambling Act 2005. The decision highlights the importance of following the strict requirements of the statute to the letter in progressing an appeal, in respect of both jurisdiction and the timing of lodging an appeal.