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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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