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Employer in Greece fined €150,000 for relying on consent to process data under GDPR

The following Employment news provides comprehensive and up to date legal information on Employer in Greece fined €150,000 for relying on consent to process data under GDPR

Employment weekly highlights—18 July 2019

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—18 July 2019

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

TUPE: duty to maintain wage records transfers to transferee (Mears Homecare v Bradburn)

The following Employment news provides comprehensive and up to date legal information on TUPE: duty to maintain wage records transfers to transferee (Mears Homecare v Bradburn)

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Q&As, weekly highlights, forthcoming developments content

Q&As

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to be reported?

In relation to the first part of this question, under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions...

18th Jan

Q&As

Does an income protection policy cover pension contributions? If not, does the employer have to continue to make pension contributions while an employee is absent from work and being paid under the income protection policy?

Where a claim under an income protection policy is successful, the employee will usually remain employed by the employer; benefits (including a...

18th Jan

Q&As

How is statutory redundancy pay calculated for an employee who is employed on a seasonal basis, and whose working hours therefore vary during the year?

For information on calculating a statutory redundancy payment, see Practice Note: Entitlement to statutory redundancy payment.A statutory redundancy...

18th Jan

Q&As

What is the authority for communications during the Acas early conciliation process being regarded as without prejudice?

Under section 18(7) of the Employment Tribunals Act 1996 (ETA 1996), anything communicated to a conciliation officer in connection with the...

18th Jan

Q&As

How long should a school retain single central record entries for employees, governors, trustees and volunteers?

For information on data protection issues in employment generally, see Practice Notes:•The UK GDPR and DPA 2018: key data protection issues for...

18th Jan

Q&As

Can an employer ask a candidate on the application form or at interview (a) if they have ever been arrested, cautioned or charged with an offence, even if not prosecuted or convicted (b) if they have ever been subjected to disciplinary action or sanctions, or are currently being investigated by a professional body?

In addressing this query, you may wish to consider:•in relation to criminal convictions, cautions, offences, conduct or circumstances, the provisions...

18th Jan

Q&As

Where an employer is providing a reference to an employee’s prospective employer, including information on the employee’s levels of absence, which conditions for processing personal data (and special categories of personal data) under Regulation (EU) 2016/679, GDPR can the employer rely on?

If the employer includes in a reference information on the employee’s levels of absence, and that information comprises information concerning health,...

18th Jan

Q&As

Should an employer treat workers in the same way as it treats employees for data protection purposes under GDPR?

Taking the example of the Employment Rights Act 1996 (ERA 1996), a 'worker' is defined as an individual who has entered into or works (or worked)...

18th Jan

Q&As

If, in the course of its business, the respondent in an unfair dismissal claim obtains payroll information relating to the claimant’s new employment which it uses to negotiate settlement of the claim (by arguing that the claimant has mitigated their loss and has no future loss of earnings claim), is the respondent in breach of Regulation (EU) 2016/679, GDPR or the Data Protection Act 2018 and, if so, does the claimant have the right to damages?

For information on Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) generally, see...

18th Jan

Q&As

If a company wishes to record interviews using Skype as part of its recruitment process, can it rely on the interviewee’s consent as the lawful condition for processing personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and, if so, how should consent be obtained?

We are not aware of any specific guidance on the data protection implications under Regulation (EU) 2016/679, the General Data Protection Regulation...

18th Jan

Q&As

Can an employer ask a job applicant to give details of their criminal records history at the interview stage? Is it lawful for the employer to have a policy of refusing to employ, in any role, any individual who has received a criminal conviction or caution within the previous six months?

Can an employer ask a job applicant to give details of their criminal records history at the interview stage?Consideration should be given to:•the...

18th Jan

Q&As

Where the employer is asked to provide a reference in respect of an employee for the purposes of the employee’s housing check or mortgage application, can the employer rely on consent as the lawful condition for processing personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR)?

In this Q&A, the reference in question will comprise personal data, so that the employer will need to ensure that it can rely on a lawful condition...

18th Jan

Q&As

Is an employee's manager required to share personal information, ie mental health conditions, to a prospective new manager if that employee is transferring to a different team within the same company? If the former manager did not share the information and issues arose in the new team, would the new manager be deemed to have knowledge of the disability?

Information relating to an employee's health, including their mental health, is special category data under Regulation (EU) 2016/679, the General Data...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Jan

Q&As

In relation to disciplinary proceedings, if an employer is required to seek consent from a witness before sharing their witness statement eg with the employee who is the subject of disciplinary allegations, and the witness refuses to give their consent, should the witness statement be made anonymous before it is shared?

This query refers to the Acas step by step guidance on investigations for discipline and grievance: Step 4: If there are witnesses.Consideration will...

18th Jan

Q&As

Where an employee declines to consent to data processing by an occupational health (OH) provider, can the OH provider continue to produce the report, relying on any exemptions, and is the employer entitled to receive the report?

For the purpose of this Q&A we have assumed that the employee has consented to attend a medical appointment or examination with the occupational...

18th Jan

Q&As

Does an employer need to obtain consent under AMRA 1988 if the employee has provided the GP's report directly to the employer’s occupational health practitioner or to the employer itself?

For information on medical reports generally, see Practice Note: Medical reports—data protection issues and AMRA 1988.The Access to Medical Reports...

18th Jan

Q&As

Where a claimant provides an impact statement and medical records for the purposes of proving disability in an employment tribunal claim, and the employer subsequently forwards these to its occupational health advisers for the purposes of producing a report on the claimant (without the claimant’s consent), what are the claimant’s potential remedies, eg under the data protection legislation and the Access to Medical Reports Act 1988?

Use of disclosed informationIf a document has been disclosed, the other parties may only use it for the purpose of proceedings, unless:•it has been...

18th Jan

Q&As

In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard?

In addressing this query, you may wish to consider:•whether a restricted reporting order is in place•what information is held on the public...

18th Jan

Q&As

Where, during recruitment, the employer processes personal data relating to an applicant’s criminal convictions or offences, is the requirement in Data Protection Act 2018, Sch 1 Pt 2, para 12(1)(b) (that, in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing) met, given the imbalance of power between employer and employee?

Where an employer asks an applicant or prospective employee questions about their criminal record, or carries out a Disclosure and Barring Service...

18th Jan

Q&As

Given the Court of Appeal decision in Vidal-Hall v Google, is it lawful under Regulation (EU) 2016/679, General Data Protection Regulation, for an employer to provide payslips to its employees by email?

An employee (but not another type of worker) is entitled to be given a written itemised pay statement by his employer at or before the time any wages...

18th Jan