Employee surveillance via IT equipment such as webcam access and screen captures, phones, vehicle tracking and even CCTV is not uncommon in the modern workplace as employers take advantage of developing technologies to monitor employee activities and performance, but in doing so, are they breaching employees’ rights? Reasons for Covert Surveillance in the Workplace  There are a number of reasons why an employer may wish to track its employees. Productivity concerns, worries about theft, health…

Commercial fraud is a complex but increasingly common issue which often has extremely damaging consequences for the reputation and financial standing of businesses and individuals alike. Once discovered, it is vital to act swiftly in order to protect assets and maximise recovery.  Where you are facing allegations, it is equally important that urgent steps are taken to robustly defend those claims.   What is Commercial Fraud?  Commercial fraud is an umbrella term for a wide range…

FOOD LAW CASE UPDATE: ALLERGEN MANAGEMENT Mohammed Abdul Kuddus v The Queen [2019] Background Mr Kuddus was the sole director and owner of RS Takeaway Limited, a company that traded in Oswaldtwistle, Lancashire and was known as “Royal Spice”.  He had bought the business in November 2015, from Harun Rashid, who in turn had owned it since December 2014. As at 30 December 2016, Messrs Kuddus and Rashid worked at Royal Spice together.  Mr Kuddus…

Litigation avoidance and resolution typically focus on disputes between businesses. However, litigation and disputes within companies, between their shareholders, can also arise in many ways and deserve some consideration before they do. Such disputes can escalate and have a devastating impact on the operation and success of a business. It is therefore important to plan ahead so that businesses and their shareholders are well-placed to prevent and resolve their disputes in ways which minimise their…

Arbitration is a form of ADR (alternative dispute resolution). It can be used as a way to avoid court proceedings. If someone has infringed your intellectual property or accused you or your business of doing so, you may be wondering what the benefits of arbitration are versus litigation. If so, it is important to understand exactly what arbitration is as a form of ADR and its effectiveness in relation to IP disputes. IP Disputes A…

What’s new This month we look at new European legislation on the horizon to protect whistle-blowers and gig economy workers, HMRC guidance on the new off-payroll working rules, and proposals for the extension of redundancy protection for new mothers. Read more Case law review Discrimination on appeal In a recent decision, the Employment Appeal Tribunal has made it clear that the appeal stage is part and parcel of a dismissal when it comes to assessing…

Issues surrounding individual service users’ rights to liberty and security, and the extent to which these may conflict with their care needs, have been a source of ongoing concern for care providers for a number of years. Although the last decade has already seen legislative changes, court rulings and judicial commentary, further revisions have recently been enacted as a result of the Mental Capacity (Amendment) Act 2019, which received Royal Assent on 16 May. Development…