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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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