Welcome to the latest edition of OGR Stock Denton’s Employment Law Update. In this issue the employment team look at a question they are often asked by clients about covert recordings and bring you up to date on recent employment cases that could be relevant to you and your business.

Covert recordings in the workplace

In this issue of OGR Stock Denton Employment Law Update we consider  a question we are often asked by our clients, whether employees are permitted to make covert recordings at work, say in a disciplinary or grievance meeting.

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Did a manager’s massaging of an employee’s shoulders constitute sexual harassment?

No, held the Employment Appeal Tribunal in Raj v Capita Business Services Limited

FACTS:   Mr Raj was employed by Capita Business Services Limited (CBS) as a customer service agent.  When he was dismissed, with under a year’s continuous service, he brought claims of sexual harassment under the Equality Act 2010...

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Should holiday entitlement for term-time only workers be subject to a pro-rata reduction?

No, held the Court of Appeal in Harpur Trust v Brazel.

Workers in Great Britain, including part-time workers have a right to a minimum of 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR).  How this applies to a worker with no normal working hours can be difficult to establish...

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Is an employer obliged to postpone a disciplinary hearing pending the outcome of a police investigation into an employee?

No, in almost all circumstances, held the Court of Appeal in North West Anglia NHS Foundation Trust v Gregg. 

Where employees are suspected of having committed misconduct, such as theft, fraud, assault or substance abuse, complications can arise where there is a criminal...

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