Dentons - UK People, Reward and Mobility Newsletter

Employee dismissed for discussing their religious beliefs at work – can it ever be fair?

June 27, 2019

Employers are usually advised to exercise extreme caution where an employee's religion or beliefs are a factor in their own disciplinary process. However, in its judgment in the recent case of Kuteh v. Dartford and Gravesham NHS Trust the Court of Appeal has shown that it is possible to fairly dismiss an employee for inappropriately proselytising in the work place.

Shared parental leave: law versus policy

June 27, 2019

We now have clarity from the Court of Appeal on the lawfulness of paying enhanced maternity pay to women on maternity leave but not paying enhanced shared parental leave pay to men on shared parental leave. In the conjoined cases of Ali v. Capita Customer Management Ltd and Chief Constable of Leicestershire Police v. Hextall [2019] EWCA Civ 900) the Court of Appeal confirmed this was not a breach of UK equality law.

How should employers record working time?

June 27, 2019

According to a recent decision of the European Court of Justice employers should have "an objective, reliable and accessible system" which records all hours worked by employees to demonstrate compliance with the limits set down in the Working Time Directive in relation to working time and breaks.

Handling data subject access requests: is the balance tipping further in favour of data subjects?

June 27, 2019

In the High Court proceedings (the case had gone to the Court of Appeal and was remitted back), Ashley Judith Dawson-Damer; Piers Dawson-Damer; Adelicia Dawson-Damer v Taylor Wessing LLP; Michael Morrison; James Burns [2019] EWHC 1258 (Ch), the court considered whether a firm of solicitors – Taylor Wessing ("TW") – were required to search through paper files for the claimants' personal data in order to comply with data subject access requests (DSARs). The court found in favour of the claimants in part.