Managing employees/workers
In Royal Mail Ltd v Jhuti [2018] IRLR 251 CA, the Court of Appeal held that the motivation of a manager who manipulated evidence to procure the dismissal of a whistleblowing employee could not be attributed to the employer, as the decision to dismiss was taken by a manager who was not motivated by the employee's protected disclosures.
In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was violated when a supermarket installed hidden cameras without their knowledge to monitor employee thefts.
In Antovic and another v Montenegro, the European Court of Human Rights held that overt camera surveillance in a university's lecture halls violated professors' right to privacy under the European Convention on Human Rights.
In Barbulescu v Romania [2017] IRLR 1032 ECHR, the Grand Chamber of the European Court of Human Rights held that the Romanian courts failed to afford adequate protection to the art.8 rights of an employee who sought to challenge his dismissal following a monitoring exercise by his employer.
HR and legal information and guidance relating to managing employees/workers.