header-logo header-logo

19 February 2016 / Ian Smith
Issue: 7687 / Categories: Features , Employment
printer mail-detail

Employment law brief: 19 February 2016

nlj_7687_smith

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll