Articles & Downloads / Louise McAloon

Louise McAloon

Cybersecurity & employee liability for losses incurred through online fraud

26 February 2019

A recent Scottish case involving an employer seeking to recover its losses from an employee who was deceived into transferring company funds of £193,250 to online fraudsters has sparked considerable interest amongst employers and lawyers alike. This is the first reported case of its kind where the employing company has dismissed an employee for gross misconduct and thereafter issued legal proceedings against their former employee to seek to recover their losses. Read More

Louise McAloon

Can an employee refuse to work additional hours in the lead up to Christmas?

14 November 2018

Whilst employers will invariably endeavour to individually consult with their staff with a view to reaching agreement regarding working additional hours in the lead up to Christmas, the case of Edwards v Bramble Foods Ltd ET/2601556/2015 is a salutary reminder that for those employees who might unreasonably refuse to work some extra hours, an employment tribunal has previously decided that the dismissal of an employee who refused to work extra hours before Christmas was fair. Read More

Louise McAloon

Discrimination in Recruitment - Unlawful political discrimination following failure to appoint highest scoring candidate

12 June 2018

The importance of a fair and merit based recruitment process was highlighted in a decision recently issued by the Fair Employment Tribunal in Northern Ireland (CRN 65/17FET). Awarding compensation of £5,500 to former Sinn Féin MLA Phil Flanagan, the Tribunal found that Mr Flanagan had been unlawfully discriminated against on grounds of his political opinion by Citizens Advice Armagh in relation to their failure to appoint him to the post of Manager, despite being the highest scoring candidate in the recruitment process. Read More

Louise McAloon

Absence management and the cost of failing to make reasonable adjustments

19 April 2018

In a reserved judgment issued in January this year, an Employment Tribunal in Liverpool awarded £110,165.14 compensation against the Department for Work and Pensions when former employee Mrs Carrabyne (Carrabyne v Secretary of State for Work and Pensions Case 2401990/2016) was found to have been unfairly dismissed and subject to unlawful disability discrimination following her dismissal under the absence management policy. Read More

Louise McAloon

GDPR Compliance – Essential steps to prepare your business for 25 May 2018

22 January 2018

The EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), comes into effect on 25 May 2018. The GDPR introduces a single legal framework across the EU for handling personal data. While many of the core principles and obligations remain unchanged under the GDPR, the GDPR does impose new and stringent additional requirements. Read More

Louise McAloon

Monitoring internet use in the workplace – is there any expectation of privacy?

27 September 2017

Most workers expect that their employers monitor their internet use in the workplace but a recent appeal (Bărbulescu v Romania) to the European Court of Human Rights has highlighted that the law must strike a fair balance between the employer’s interests and the employee’s right to privacy enshrined under Article 8 of the European Convention on Human Rights. The Court found that Mr Bărbulescu’s employer had acted unlawfully when it dismissed him for sending personal messages via the Yahoo Messenger facility during working hours and that the domestic courts in Romania had failed to comply with their obligation to protect his right to privacy. Read More

Louise McAloon

Sprint Towards Workers' Rights in Gig Economy

17 January 2017

In a further blow to the UK’s flourishing gig economy, an employment tribunal in London this month issued a landmark decision that cycle courier Margaret Dewhurst was in fact a worker of CitySprint and not a self-employed independent contractor and consequently entitled to holiday pay. Read More

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