UK People Reward and Mobility Newsletter - October 2020

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UK People Reward and Mobility Newsletter - October 2020

UK People Reward and Mobility Newsletter - October 2020

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October 2020

In this issue we look at some of the key employment law developments that have taken place over the past month. In particular, we examine: the use of social media amongst colleagues and how far the right to privacy extends to the workplace; whether inclusion on a list of supplementary workers can amount to alternative employment in redundancy situations; how the definition of 'disability' is being applied by the Tribunals and what this means in the context of employer dismissals; and the importance of pension protection for pre-transfer service in insolvencies, through bodies such as the UK's PPF and Germany's PSV.

Find out more about our team, read our blog and keep up with the latest developments in UK employment law and best practice at our UK People, Reward and Mobility Hub.

Download the PDF report to read the complete issue, or read the articles using the links below.

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Social media and the workplace: how far does your right to privacy extend?

October 29, 2020

Have you ever considered whether messages shared amongst colleagues on social media are really private? In this article, we explore what the courts say about how far the right to privacy extends to the workplace and the limitations imposed on regulated professions. In particular, we consider whether employers can use such information as part of disciplinary proceedings.

Can unguaranteed work constitute alternative employment in redundancy situations?

October 29, 2020

Before employers dismiss an employee by reason of redundancy, they have a responsibility to take reasonable steps to look for an alternative to redundancy and to consult employees about those alternatives. In this article, we consider how far that obligation extends and whether consultation about, or inclusion on, a list of additional workers can constitute alternative employment in a redundancy situation.

When is a disability "protected"? What does it mean for employers?

October 29, 2020

The meaning of 'disability' under the Equality Act 2010 has been open to judicial interpretation and a constant source of debate since enactment. Given the lack of a definition, most claims are determined on a case-by-case basis, which has a significant impact on employers and their dismissals. In this article, we consider how disability was classified in a recent case and analyse each of its elements with a view to explore its implications for employers.

Insolvent business transfers and the interaction of EC law and local jurisdictional law on liability for accrued pension rights

October 29, 2020

We consider pension protection for employees on the insolvency of their employer in light of two recent ECJ cases concerning German companies. The cases highlight the importance EC law attaches to pension protection for pre-transfer service in an insolvency, which the UK sought to address through establishing the Pension Protection Fund (PPF) and Germany did likewise through the "PSV".