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Employment law brief: 19 February 2016

19 February 2016 / Ian Smith
Issue: 7687 / Categories: Features , Employment
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Ian Smith notes the recent newsworthy decisions from the employment courts

The most newsworthy case in the last month has to be Barbulescu v Romania (App 61496/08) where the European Court of Human Rights (ECtHR) held that an employer’s investigation into an employee’s private use of its e-mail system did not breach Art 8 of the European Convention on Human Rights. It was widely reported in the press in fairly black and white terms as to the employer’s rights here but your humble author agrees very much with the points made by Chris Bryden and Michael Salter in their recent article that the decision is much more nuanced than that, being largely a question of fact and reasonable conduct in each case (see “Becoming anti-social (Pt 2)”, NLJ, 29 January 2016, p 10). In particular, it is worth pointing out the following factors present on the facts of that case:

(i) there was a clear contractual term outlawing any personal usage;

(ii) that policy was enforced—to the claimant’s knowledge, another employee

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MOVERS & SHAKERS

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
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