In-house news vlog – September 2017
Our September news vlog, in association with Radius Law, provides a monthly round-up of key news and trend stories for in-house lawyers.
Special feature: Keeping up with compliance and risk – free checklist
From 30 September 2017, if someone in your organisation facilitates tax evasion and you don’t have reasonable prevention procedures, you could be faced with unlimited fines, not to mention reputational damage. Access an extract from our checklist via the icon below, to ensure you are prepared for this new offence.
We feature 6 stories this month. All are available for you to watch, read or listen using the links below.
Subscribers to LexisPSL can delve into all these and access further related reading in our NewsIN document.
Non-subscribers can request a free trial here.
Corporate & Commercial:
- Small Business Commissioner: BEIS has announced that the new Small Business Commissioner (SBC) service should be available from October.
- Data Protection Bill: The government has announced that it will create a UK Data Protection law to implement the new standards set by the General Data Protection Regulation (GDPR). The GDPR is directly applicable EU law but with Brexit on the horizon, the need for a local law is understandable.
- Employment tribunal fees were a bar against access to justice; The Supreme Court’s recent decision in R (on the application of UNISON) v Lord Chancellor on employment tribunal fees is significant not only for employees but for all those denied access to justice. The court ruled that tribunal fees unlawfully interfered with the right of access to justice, and constituted indirect discrimination against women.
- Court of Appeal rules on multi-factorial approach to the public interest question: The question of whether a disclosure is in the public interest depends on the character of the interest served by that disclosure. It should serve a wider interest than the private or personal interest of the worker making the disclosure, taking into account all of the circumstances of the particular case.
- Workers can be personally liable for whistleblowing detriment dismissals: There is no principled reason for excluding a worker from bringing a claim against a fellow worker for a whistleblowing detriment amounting to a dismissal (and no principled reason for the worker not being personally liable).
- Holiday pay: pay for voluntary overtime normally worked must be included: Payment for voluntary overtime that is normally worked is within the scope of Article 7 of the Working Time Directive and therefore within the concept of ‘normal remuneration’ for the purposes of calculating holiday pay under regulation 13 of the Working Time Regulations 1998.