Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2018 Global Guide Quarterly updates

Data Protection Act 2018 Enacted

New Legislation Enacted

Author: Deborah Margolis, Associate – GQ Employment Law LLP, Littler Global United Kingdom

Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data Protection Act of 1998. The new Data Protection Act implements GDPR with some permitted derogations and imposes some additional obligations on employers. In particular it requires employers to have an ‘appropriate policy document’ detailing GDPR compliance and document retention.

Dismissal Discriminatory When Misconduct Is Related to Disability

Precedential Decision by Judiciary or Regulatory Agency

Author: Dónall Breen, Associate – GQ Employment Law LLP, Littler Global United Kingdom

On May 15, 2018, the Court of Appeals ruled that a teacher was dismissed on discriminatory grounds for showing an 18-rated movie to minors whilst under considerable stress. The teacher suffered from cystic fibrosis, a disability under equality legislation, and the stress arose because of his disability. A strong factor in the decision was that the school had caused the stress and had not made reasonable adjustments for the teacher to cope with it. The school’s actions were, therefore, unlawful given the circumstances.

Supreme Court Gives Guidance on Delivery of Termination Notice

Precedential Decision by Judiciary or Regulatory Agency

Author: Richard Harvey, Partner – GQ Employment Law LLP, Littler Global United Kingdom

On April 25, 2018, the Supreme Court determined that a letter notifying an employee of her termination became effective where there was no express contractual language on the issue. Here, the employee had been on holiday when the letter arrived, and therefore, notice did not become effective until she returned and read the letter. The Court found that notice sent by post becomes effective when the employee reads the letter or when they have had a reasonable opportunity to do so.

Supreme Court Finds “Independent Contractor” Is Actually a “Worker”

Precedential Decision by Judiciary or Regulatory Agency

Author: Lisa Rix, Associate – GQ Employment Law LLP, Littler Global United Kingdom

On June 13, 2018, the Supreme Court held that a plumber classified as an “independent contractor” was in fact a “worker” and, thus, entitled to protection under the employment laws. The Court reasoned that: (a) the plumber was required to perform his work personally and he did not have an unfettered right to give away his work to another person; and (b) he was an integral part of the company’s business. This decision shows the Supreme Court following the current trend of English courts — particularly in the “gig economy” cases — in determining that individuals set up as “independent contractors” are entitled to employment rights as “workers.”

Supreme Court Restricts Ability to Recover ‘Wrotham Park’ Damages in Breach of Contract Actions

Precedential Decision by Judiciary or Regulatory Agency

Author: Mark Callaghan, Associate – GQ Employment Law LLP, Littler Global United Kingdom

On April 18, 2018, the Supreme Court overturned a Court of Appeal decision, and in doing so, rejected the validity of ‘Wrotham Park’ damages in most breach of contract claims. ‘Wrotham Park’ damages (or “negotiating damages”) allow a claimant to recover a sum equivalent to the hypothetical amount the defendant would have needed to pay to be released from its obligation, and are commonly pleaded in non-compete or non-solicitation cases. The decision establishes that, when seeking to recover damages for breach of contract, claimants should generally only receive damages for the actual financial loss they have suffered.