Legal advice privilege and HR advisers

The decision of the employment tribunal in Lingard v Leading Learners ET/2401985/17 will impact on assertions of legal advice privilege (LAP) in the context of HR consultants employed by a law firm. In this blog, Nicholas Siddall (who acted for the claimant) analyses the decision and its implications. The facts At an earlier preliminary hearing …

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Personal liability: indirect discrimination and Maclay

Employment tribunal claims dealing with the issue of personal liability are being considered with increasing frequency. Claimants often only consider such claims due to concerns over the possible insolvency or dissolution of a former employer. In this situation the opportunity to pursue a claim against an individual may be the only means to obtain a …

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Pay terms for shared parental leave: the implications of Ali and Hextall

The Shared Parental Leave Regulations 2014 (SI 2014/3050) provide the non-maternal parent or carer (usually, but not always the father) with the right (subject to statutory conditions) to take leave from work to share in a baby’s primary care. A DBEIS press release earlier this year suggested take-up of shared parental leave (SPL) may be …

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Expectations as obligations: woolly thinking on mutuality of obligation

Those interested in the tests for employment status continue to be rewarded by the stream of gig economy cases working their way upwards from the Employment Tribunal (ET), through the Employment Appeal Tribunal (EAT) and beyond. In parallel, the Tax Chamber of the First-tier Tribunal (FTT) has been grappling with the issue of employment status …

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Analysing and pleading whistleblowing claims following the Court of Appeal’s decision in Kilraine

As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win. Much of this difficulty stems from the fact that, in my experience, whistleblowing claims are often not properly analysed prior to lodging the ET1. This results in: A failure to make an informed decision …

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Data Protection Act 2018 and subject access requests: easier for employers to resist?

The Data Protection Act 2018 (DPA 2018) contains three provisions that allow an employer to resist subject access requests (SARs) from employees. Confidential references become more confidential The Data Protection Act 1998, under the heading “Confidential references given by the data controller“, stated that personal data were exempt from the right of access: “if they …

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Employers glimpse the future of EU skilled migration

The government White Paper on the future relationship between the UK and the EU, published last week, mostly evades the issue of the future of skilled EU workers. The White Paper proposes “reciprocal provisions on intra-corporate transfers … based on existing arrangements with non-EU countries.” The only problem with this proposal is that there are …

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