Category Archives for Law & Legal Issues

Media Interest Increases 15% In Employment Disputes

Almost every day there seems to be yet another high profile employment case in the newspapers. Why is this? Well, firstly there are more cases going through the Employment Tribunals, where an increase of 15% was recorded in the most recent figures published. Given the economic climate it can only be expected that the number will rise again in 2009.

Generally speaking, employment disputes attract media coverage because they have a very strong human element which is attractive to Editors, who understand what their readers are interested in and relate to. Typically, the claimant will be portrayed by the media as something of a David battling a corporate Goliath and taking on deeply entrenched vested interests.

The media will usually focus on alleged wrong doings by the employer, how the employee claims to have been treated, the perceived culture of the workplace, allegations of extreme bad behaviour such as drug abuse and, of course, whatever sum they decide to report as being claimed money-wise.

Allegations of sexual misconduct would also feature in these stories, were it not for ET rules and the issuance of Restricted Reporting Orders (RROs) in such cases. If the defendant in question is a household name, such as a bank, a FTSE 100 company or a celebrity, then you can expect media interest to intensify dramatically.

Even a cursory news search will reveal numerous examples of how the media feed off employment disputes. Mona Awad, a Muslim bank manager who claims she was accused of trying to sleep her way to the top is suing Halifax Bank of Scotland (HBOS) for damages of £16.7m for sex, race and religious discrimination. This was widely reported in the national newspapers, both tabloid and broadsheet. The case is being dealt with by Nottingham Employment Tribunal.

Read more from Mondaq

Email libel costs £110k for University

A single email message has cost the University of Salford £110,000 after it alleged fraud in an expenses claim. Dr Tom McMaster, a lecturer in business management at Salford University, submitted an expense claim of £180 after receiving permission to sail his boat to a conference in Galway rather than fly.

However, after submitting his claim he received a response from the accounts department:

“Clearly the original claim was an attempted fraud and appropriately rejected.”

“Those who submitted and certified it should be ashamed of themselves.”

However, the email message was also sent to other members of his department and as a result constituted libel.

McMaster took the case to the High Court to clear his name. After failing to have the case dismissed, the university settled out of court for £10,000 but will have to pay up to £100,000 in costs.

A spokeswoman for Salford University said: “The university has reached a settlement with Dr McMaster and we cannot comment on any outstanding grievance issues concerning him.”

The case highlights the importance of following correct email procedure and the vulnerability of organisations to action if it is not followed.

Had the email message been sent solely to Dr. McMaster there would have been no case to answer but by distributing it to others the organisation opened itself up to libel action.

Original Post from vnunet.com

Email monitoring may contravene European law

Monitoring employees’ internet & telephone use at work may contravene EU human rights laws, after a landmark case in the European Court of Human Rights last week.

The case involved a public-sector employee, who won €3,000 in damages and €6,000 in court costs and expenses, after her communications were intercepted by her employer, Carmarthenshire College. Lynette Copland successfully took the UK government to court after her personal internet usage and telephone calls were monitored by one of her bosses in 1999.

This ruling means that the private use of company telecoms equipment and internet access may be protected under European human rights legislation, if the company has an acceptable personal-use policy and fails to inform the employee that their communications may be monitored. Employee communications are also covered by human rights legislation if the organisation has no explicit acceptable use policy and fails to inform the employee of the monitoring of personal email.

Privacy law firm, Pinsent Masons, said that although businesses now have clear guidance for monitoring work communications under the Regulation of Investigatory Powers Act (RIPA) 2000, personal communications at work may be protected by the European Convention on Human Rights, and the Human Rights Act 1998. “The lawful business practice regulations allow an employer to monitor and intercept business communications, so the court is implying that private use of a telecommunications system, assuming it is authorised via an acceptable-use policy, can be protected [by human rights legislation],” said Dr Chris Pounder, a privacy specialist. “The ruling is important in that it reinforces the need for a statutory basis for any interference with respect to private use of a telecommunications system by an employee,” Pounder added.

Source: ZDNet, 11 April 2007

Company warning! Email communications added to UK Sexual Offences Act

Changes to UK Sexual Offences Act could mean negligent companies face listing on the registry.

The inclusion of email harassment in the revised UK Sexual Offences Act could open companies up to legal troubles, said an industry insider.

The UK Sexual Offences Act 2003 was recently updated to include “improper use of public communications.” Because of this, a person sending sexually harassing emails could be handed a sexual offences prevention order (SOPO) and therefore be included on the national sex offender registry.

“It really has tremendous implications for any organisation because the widening of the sexual offenders act could mean employers have vicarious liability,” said Ed Macnair, CEO of internet security firm Marshal. “The person sending is prosecutable, but also the organisation.” He cited one case where a London hospital was held liable in a harassment suit involving members of staff and another in the US where an employee’s wife sued her husband’s firm because they facilitated his child pornography habits.

“You don’t want your chief operating officer on the sexual offender registry because somebody in the company did something,” Macnair said.

Source: ITPro

staff bullying, discrimination and harassment

Following the controversy of allegedly racist remarks made on a reality TV show, businesses are being reminded that bullying, whether it is based on race, gender or any other group, is still an issue within UK business.

Although as many as 80% of businesses currently have an anti-bullying policy, more than half of all employees believe it is a problem in their workplace, according to research carried out by business consultancy, Croner.

Along with causing internal conflict within an organisation, businesses that are not seen to deal with discrimination and bullying could suffer damage to their reputation.

Richard Smith, of Croner, said: “Bullying is not only unacceptable on moral grounds, but may, if unchecked or badly handled, create serious problems and costs for an organisation due to poor morale and productivity, and high staff turnover.

“What many employers don’t realise is that they can be held vicariously liable for the bullying behaviour of their staff, even if they have no knowledge of employees’ acts and do not condone them.

“Organisations with a zero tolerance approach as part of a proactive bullying prevention policy are able to deal with the problem most effectively and minimise the risk of claims.

“Employees need to be involved in implementing such a policy, so we would strongly encourage companies to consult with them throughout the process.”

Extracted from : BusinessLink (businessguidence.co.uk)


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