Welcome to our October edition

This month we have important news from the courts, including clarification on the ownership of client lists drawn up by employees, the status of shareholders and employers’ rights under the Working Time Regulations. To draw attention to new guidance issued by the Information Commissioner, our Q&A session is devoted to data protection rights. Finally, we bring news from the Employment Tribunals Service, which has issued statistics for the year 2006/2007: these make interesting reading – particularly in light of the fact that the statutory disciplinary and grievance procedures were brought in with the aim of reducing the number of claims brought to tribunal…

Focus on Ownership of Data

The High Court case of PennWell Publishing (UK) Ltd –v- Ornstein considered the question of who actually owns email contact lists when these have been drawn up by the employee, rather than the employer. Learn more.

Q&A

1. What are an individual’s basic rights under the 1998 Data Protection Act? The Data Protection Act (“DPA”) gives individuals the right to know what information is held about them. Learn more.

2. So an employee has the right to find out what personal information their employer is holding about them?
Yes. If an individual (or, indeed, an organisation) feel they are being denied access to personal information… they can make a request to access their information. Learn more.

3. What other rights do employees have under the DPA?
The main rights include correcting information, preventing processing of information, preventing unsolicited marketing and preventing automated decision making. Learn more.

4. What about compensation?
Employees can claim compensation through the courts for damages, and in some cases, distress caused by any breach of the DPA. Learn more.

5. Anything else I should know?
The DPA does not guarantee personal privacy at all costs, but aims to strike a balance between the rights of individuals and the (sometimes) competing interests of employers. Learn more.

Case Round Up

Working Time Regulations 1998
Under Regulation 15(2) of the Working Time Regulations (“WTR”), an employer may require a worker to “take leave to which the worker is entitled…on particular days”. Learn more.

Shareholder or employee
The case of Nesbitt –v- Secretary of State for Trade and Industry clarifies when a shareholder is also an employee. Learn more.

News

Employment Tribunal Statistics
The Employment Tribunals Service has published statistics for the year 2006/2007. Headline points include:

• 15% more cases, 22% fewer appeals.
• Cases disposed of increased by 19%.
• The most popular claims were equal pay and unfair dismissal
• 8% of submitted claims were rejected

Learn more.

Age Discrimination
ACAS has issued a new e-learning tool on age discrimination.
Access it at www.acas.org.uk.