In Brief: Important Updates from November 2017

Employment Law is a complex area that is continually changing. It can be difficult to keep up to date with the latest developments. But don’t fret, the Northern Ireland Employment Law Hub is the best way to stay informed. The Hub offers in-depth articles written by expert employment lawyers and leading HR professionals, case law analysis and materials tailored specifically to how the law applies in Northern Ireland. It is fully searchable, available 24/7 and has a useful browse by topic function.

Disciplinary Allegations

It is imperative to ‘charge’ employees with the correct offence. Following a hugely successful presentation at this year’s Annual Review of Employment Law, Gareth Walls, Partner in A&L Goodbody, answers questions submitted by the audience on his topic entitled, ‘A Solicitor’s Guide to Drafting Disciplinary Allegations’.
https://www.legal-island.com/articles/uk/features/supplementary/2017/nov/guide-to-drafting-disciplinary-allegations/

Long-Term Sickness Absence

In this month's ‘First Tuesday’ article Chris Fullerton of Arthur Cox answers a number of complex employment law questions focusing specifically on drug testing; disciplinary allegations and long-term sickness absence. He offers employers advice in relation to long-term sickness absence, discussing dismissal, disability and the need to make reasonable adjustments where applicable. Read the article in more detail on our hub:
https://www.legal-island.com/articles/uk/features/q-and-a/2017/nov/can-an-employer-dismiss-an-employee-while-on-long-term-sickness/

Tips for a Successful Secondment

Secondments provide employees with an opportunity to experience a different part of an organisation or a different organisation altogether, and the potential benefits can be significant for both the secondee and the host provided a detailed strategy is in place and the parties have equal expectations. Jack Balmer, Associate Solicitor in the employment department in Tughans, considers secondments in this month’s ‘How do I handle it?’ article:
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2017/nov/tips-for-a-successful-secondment/

Immigration Post-Brexit

In the second of her series Lisa Bryson, Principal Associate of Eversheds-Sutherland, answers complex questions regarding employees and immigration post-Brexit, providing valuable information to those affected by the cessation of the free movement of people.
https://www.legal-island.com/articles/uk/features/lets-talk-about/2017/nov/employees-and-immigration-post-brexit/

Employment Status: Uber B.V. and Others v Mr Y Aslam and Others [2017] UKEAT/0056/17/DA

In Uber B.V. and Others v Mr Y Aslam and Others the EAT upheld a Tribunal decision confirming that when the Uber app was switched on, when drivers were within the territory in which they were authorised to work, and were able and willing to accept assignments, they were deemed to be workers. The case highlights the need for rigorous contracts to be put in place and reaffirms the willingness of the tribunals to look behind the written contractual documentation to the reality of the situation.
https://www.legal-island.com/articles/uk/case-law/2017/nov/uber-b.v.-and-others-v-mr-y-aslam-and-others-2017/

Since the date of publication, Uber has sought to appeal the decision. The appeal will be leapfrogged to the UK Supreme Court, thereby by-passing the Court of Appeal.

Garden Leave Clauses

Kiera Lee, Director and Head of the Employment Department at Mills Selig, provides guidance on garden leave clauses in contracts of employment. Kiera explains the concept of garden leave, identifying reasons as to why an employer might seek to implement the measure. Kiera offers comprehensive advice on what the clause should include, discusses recent case law in relation to post-termination restrictions and delivers a crucial word of warning when exercising garden leave clauses:
https://www.legal-island.com/articles/uk/features/essential-guide-to-employment-contracts/2017/nov/garden-leave-clauses-in-contracts-of-employment---a-thorny-subject/

GDPR: Issuing Administrative Fines

Readers will be aware that large fines (up to €20m or 4% of global turnover) may be levied for data breaches after 25th May 2018, as a result of the implementation of the GDPR. Readers will also be aware that fines (up to €10m or 2% of global turnover) may be levied for administrative breaches, such as failing to appoint a mandatory Data Protection Officer, where required. The Article 29 Working Party has adopted draft guidelines on issuing administrative fines. Find a summary of the guidelines on our hub:
https://www.legal-island.com/articles/uk/features/supplementary/2017/nov/wp29-guidelines-on-administrative-fines-under-the-gdpr/