Legal News

Diana Kloss considers privacy notices required to be given to workers and other data subjects under the GDPR from this May. The GDPR and Data Protection Bill are due to take effect on 25th May 2018. Data subjects have the right to be informed about the collection and use of their personal data. It is... Read more »
The Supreme Court has held that asymptomatic platinum sensitisation can form the basis of an action in negligence, unlike pleural plaques caused by exposure to asbestos fibre. The claimants in Dryden v Johnson Matthey plc (www.bailii.org) had developed platinum salts sensitisation. This meant they had to leave their jobs to avoid the possibility of further... Read more »
We have now published material on the GDPR in our ‘Data protection’ section. The GDPR, and also the Data Protection Bill currently going through Parliament, should take effect on 25th May 2018. They are discussed on a new web page: GDPR: the EU General Data Protection Regulation. This page joins the existing blogs by Diana... Read more »
The EAT has held that an in situ cancer was automatically a disability within the Equality Act 2010. Cancer is automatically a disability by virtue of EqA Sch 1 para 6(1). However the consultant in this case, Lofty v Hamis t/a First Café, bailii.org, had described the claimant’s skin condition as ‘pre-cancerous’. She had lentigo maligna,... Read more »
An employer’s expectation that an employee will work long hours may be a provision, criterion or practice subject to the reasonable adjustment duty. This is so even if the employee is not ordered to work them nor coerced in the sense of being deprived of any real choice. The Court of Appeal so held in... Read more »
Diana Kloss’s latest blog considers workers’ rights to ask to see their health data under the new rules. One of the most valuable legal rights given to the subjects of personal data held by data controllers is the right to ask for a copy of their records. This right is currently conferred by the Data... Read more »
The EAT has upheld a tribunal decision that direct discrimination because the employer perceived the claimant to have a disability within the Equality Act is unlawful. A constable applied for transfer to another area. She had a hearing impairment which did not affect her ability to operate as a constable, and her hearing levels were... Read more »
We have updated our pages on who is a ‘worker’, including some recent cases on the gig economy. ‘Workers’ are an intermediate type of employment status between ‘employees’ and ‘genuinely self-employed, having some employment rights but fewer than employees: Employment status: ‘employees’ and ‘workers’. Our page on ‘Workers‘ now includes the Court of Appeal decision... Read more »