Articles

Data protection claims: A guide for defendants

Specialist regulatory law barrister, Matthew Wyard looks at the raft of recent claims brought for breaches of statutory duty under the UK GDPR and the Data Protection Act 2018.

Katherine Anderson examines Farnham-Oliver v RM Educational Resources Ltd [2021] EWHC 2418 (QB), the latest in a line of claims where an employee whose claim is compromised in the ET, finds it is then struck out in civil proceedings for abuse of the court’s process.

Sarah Clarke reviews Aleem v E-Act Academy Trust Ltd UKEAT/0100/20/RN, a case which reminds us that the purpose of the duty to make reasonable adjustments is to assist an employee remaining in employment or returning to work after a period of absence. If an employer does decide to maintain a salary whilst investigating the way forward, it is imperative that it is made clear to the individual that this is only a temporary measure.

Katherine Anderson analyses the Court of Session's decision in L v K [2021] CSIH 35, a case involving a scenario which practitioners may have encountered before among employers concerned with the safeguarding of children.

Grace Nicholls reviews the decision of the EAT in Seecombe v Reed In Partnership UKEAT/0213/20/OO, which restates many of the key principles and authorities to consider when seeking to establish or challenge disability status. The case also demonstrates that disputes about disability status are very difficult to overturn, given the fact sensitive nature of decisions.

Katherine Anderson considers Mrs A Martin v City and County of Swansea: EA-2020-000460-AT (Previously UKEAT/0253/20/AT), a case which confirms the importance of properly identifying PCPs in reasonable adjustments claims, whilst deterring respondents’ lawyers from taking overly technical points on pleading.

Ransomware attacks: a practical guide to survival

Specialist regulatory law barrister Matthew Wyard addresses the risk of a ransomware attack and considers the practical steps that businesses and public bodies urgently need to take in order to pre-empt such an event and what to do if disaster strikes.

Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC)

Construction law barrister James Davison has reviewed the case of Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC) for Lexis®PSL.

Janet Kerr v Fife Council UKEATS/0022/20/SH

Employment law barrister Karen Moss summarises the Scottish EAT’s consideration of acts, omissions and conduct extending over a period, for the purposes of calculating time in the reasonable adjustments case of Janet Kerr v Fife Council UKEATS/0022/20/SH.

University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454

Grace Boorer reviews University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454, a case providing a timely reminder to practitioners that in most cases it is not necessary to complicate whistleblowing determinations, notwithstanding the decision in Jhuti.

Ms M Driscoll (Nee Cobbing) v (1) V & P Global Ltd (2) Mr F Varela (EA-2020-000876-LA; EA-2020-000877-LA)

Craig Ludlow analyses the EAT’s decision in Ms M Driscoll (Nee Cobbing) v (1) V & P Global Ltd (2) Mr F Varela (EA-2020-000876-LA; EA-2020-000877-LA) and its likely implications on the number of harassment claims connected to constructive dismissal claims.

IX v WABE and MH Muller v MJ

Sarah Clarke reviews IX v WABE and MH Muller v MJ, in which the CJEU ruled that a blanket ban on all forms of outward manifestations of religion did not constitute direct discrimination as all religions were being treated in exactly the same manner - but reached a more controversial conclusion in relation to the issue of indirect discrimination.