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Private emails at work - the latest twist “Furtive” is how many employers feel when they look at the private emails of a staff member who is the subject of a disciplinary investigation. The reason is the tension between an employer’s wish to check on what their employees are doing, and what those employees regard as their right to privacy,  even when using a work-related email account for private messaging. This tension was illustrated by the recent case of - Barbulescu v Romania...

Re-Use Collections Limited (Re-Use) v Mr Keith Sendall (1) and May Glass Recycling Limited (May Glass) (2) deals with some important issues that employers need to know about: What can be considered specific consideration (i.e. "value given by the employer") for the purposes of accepting new terms and conditions? Whether an employer can enforce restrictive covenants against a former employee where there has been no specific consideration given? Re-Use is a glass recycling business and had originally been a family run business (set...

Buses often come in threes. The same principle now seems to apply to TUPE cases. Here are some recent examples of TUPE in triplicate, to ease you from late Summer into early Autumn. TUPE: can you resign and successfully claim constructive dismissal, or that you have been dismissed, if your travelling time increases after a TUPE transfer? "It depends" is the answer. It's a "yes" if you rely on the 2012 case of Musse v. Abellio, when a relocation of 6 miles (Westbourne Park...

It is unusual for a case by an Employment Tribunal to be reported, since published decisions tend to be by the higher courts.  However Tirkey v Chandok and another has been widely reported as pre-empting a proposed change to legislation that is not expected to be made until after public consultation is completed in 2015. The reason for reporting this particular decision was that the Tribunal decided to include “caste” in the definition of race in the Equality Act 2010 (the...

Once again, the Employment Appeal Tribunal has managed to issue a judgment that many people think fails to reflect the reality of managing workers in the real world. The judgment deals with who an employer must permit a worker to bring as a companion to a formal disciplinary or grievance hearing. The Employment Rights Act 1999 provides that a worker may ask to bring: a colleague a trade union representative, or a trade union official to such a hearing; and sets out what that companion can...