Managing employees/workers
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.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
In Chesterton Global Ltd and another v Nurmohamed [2017] IRLR 837 CA, the Court of Appeal held that an employment tribunal had made no error in law when it held that an employee's disclosure, which engaged the interests of 100 managers of a national estate agency, was made "in the public interest" and protected under the whistleblowing legislation.
In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.
HR and legal information and guidance relating to managing employees/workers.