Employment: Whether certain self-employed persons were ‘workers’ with statutory rights

Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29 is a Supreme Court case that was very widely reported in the media in June. It considered when individuals who are not employees engaged under a contract of service (and who are fully protected by employment law), should be classed as ‘workers’ for the purposes of qualifying for several (but not all) employment law rights. In this case the individual was a plumbing and heating engineer.  He wanted the protection of the following employment laws: Unfair dismissal under the Employment Rights Act 1996 (ERA); Unlawful deduction from wages under the ERA; Working time annual leave under the Working Time Regulations 1998; and Disability discrimination protection under the Equality Act 2010. It had been established by the lower courts that Mr Smith was not an employee engaged under a contract of service and this meant that he was not entitled to the protection of unfair dismissal laws. The Supreme Court was required to consider whether Mr Smith was entitled to the other three protections that he sought.  It noted that the statutory tests that qualified individuals for these protections were subject to some variation.  However, it found that there were sufficient similarities and, if Mr Smith could establish that he was a ‘worker’ under section 230(3)(b) of the ERA, then he would Read Full Article…

IP/IT: Updated ICO guidance

The UK Information Commissioner’s Office (ICO) has published the following guidance to help organisations comply with their relevant duties under the General Data Protection Regulation: Data Protection Impact Assessments: This replaces the previous code of practice on conducting privacy impact assessments. It explains the principles and process that form the basis of a DPIA.  It explains what a DPIA is for, and when and how it should be carried out. The right to be informed: This guidance sets out what information needs to be provided to people when their personal data is collected, when that information needs to be provided, and how it should be provided Automated decision making and profiling: This supplements the Article 29 Guidelines on Automated individual decision-making and profiling Determining what is personal data: This provides guidance on when personal data is being processed and when the obligations to comply with the provisions of the GDPR will apply Children and the GDPR: This focuses on the additional child specific considerations. Please contact a member of the HE Shared Legal team if you wish to discuss any aspect of the above guidance under the GDPR.

Scope of an ‘entire agreement’ clause

NF Football Investments Ltd and another v NFCC Group Holdings Ltd and another [2018] EWHC 1346 (Ch) concerned the acquisition by the claimant of the shares of Nottingham Football Club from the defendants.  This judgment related to a claim for statutory misrepresentation pursuant to section 2(1) of the Misrepresentation Act 1967.  The defendants argued that this claim should be struck out as it was precluded by an ‘entire agreement’ clause set out in the share purchase contract. The alleged misrepresentation was based on a material difference between the Club’s liabilities as stated in a spreadsheet included in due diligence materials and the Club’s liabilities as calculated in accordance with the share purchase agreement.  The claimant argued that it had relied upon the spreadsheet’s valuation to enter into the share purchase agreement. The court considered the share purchase agreement and noted that it contained: an indemnity that allowed the claimant to make a claim to the extent that the actual liabilities of the Club exceeded an amount that was broadly equal to the valuation of the Club’s liabilities as shown in the spreadsheet; indemnities in respect of misstatement or misrepresentation; details of procedures and time limits for notifying claims under the share purchase agreement; and an entire agreement clause that stated:  ‘This agreement (together with the documents referred to in it) Read Full Article…

Newsletter Issue 92

The following articles are covered in this newsletter:

• Commercial agreements: Scope of an ‘entire agreement’ clause; Avoiding contract on ground of ‘common mistake’
• Governance: OIA consultation on disciplinary procedure; Final version of HE Senior Staff Remuneration Code; Additional annual reporting obligations for certain companies
• Data Protection: Updated ICO guidance
• Equality: Dress codes and sex discrimination; Draft Northern Ireland Equality Scheme for HMRC
• Employment: Self-employment and worker status; Zero-hour employees and comparators
• FAQ Employment: Do sex discrimination laws require a male employee to be paid shared parental pay at an enhanced rate if female employees are paid enhanced maternity pay?

Read Full Article…

Newsletter Issue 91

The following articles are covered in this newsletter:

• Governance: UUK briefing on compensation and refund policies
• Commercial agreements: Validity of ‘no oral modification’ clauses
• Employment: Discrimination arising from a disability; Changes to payslips; Supreme Court: written notice of dismissal only valid upon personal receipt; Constructive dismissal and the ‘final straw’;
• Equality: EHRC publishes updated EQA handbook
• Data protection: ICO guidance on consent under the GDPR; Updated ICO guidance on accountability and governance
• Procurement: Revised PPN on changes to data protection legislation; SPPN on data protection legislation
• FAQ: Procurement – How do you assess ‘cross border interest’? Read Full Article…