In Brief: Important Updates from November 2017

Probationary Clauses

Candidates may be impressive at interview. However, it is not until a candidate starts the role that an employer gets a real opportunity to assess the employee’s suitability for the position. In this month’s ‘Reddy Made Contracts’ article, Laura Graham, Managing Associate in the Employment Law team in Reddy Charlton Solicitors, explains that having a probationary clause in a contract of employment is a useful tool for employers, so long as they are used correctly.

The Mediation Bill

The Mediation Bill which has been around since 2012 was signed into law on the 2 October this year as the Mediation Act 2017 and is expected to be commenced shortly. In this month’s ‘First Tuesday’ article, Jacqui Kelly, Senior Associate and a CEDR accredited mediator, and Ciarán Ahern, Associate with A&L Goodbody, offer comprehensive advice on the new Mediation Act and answer a number of key queries about the enforceability of mediated agreements and other compromise agreements.

Employee Monitoring

When is it permissible to track, monitor or have surveillance on your employees?

David Fagan of Business Legal provides guidance on employee monitoring. He cites an interesting case where the issue of monitoring came to the fore, highlighting the need for a legitimate reason as to why it is necessary and the issue of consent. He refers to Article 8 of the European Convention on Human Rights with regards personal information, privacy expectations and the use of surveillance, in particular GPS tracking systems.

Compulsory Retirement Ages

Quigley v The Health Service Executive [2017] IEHC 654 is a High Court case whereby the claimant sought an injunction to prevent his retirement. The case has been highlighted by Marguerite Bolger at our Annual Review of Employment Law 2017 as an important one to watch with regards compulsory retirement ages.

GDPR: Issuing Administrative Fines

Readers will be aware that large fines (up to €20m or 4% of global turnover) may be levied for data breaches after May 25^th 2018, as a result of the implementation of the GDPR. Readers will also be aware that fines (up to €10m or 2% of global turnover) may be levied for administrative breaches, such as failing to appoint a mandatory Data Protection Officer, where required. The Article 29 Working Party (the advisory body comprised of a representative from the data authorities from each EU Member State) has adopted draft guidelines on issuing administrative fines.

Employment Status: Uber B.V. and Others v Mr Y Aslam and Others [2017] UKEAT/0056/17/DA

Ciara O’Kennedy and Barra Lysaght of LK Shields Solicitors consider the outcome of an appeal by Uber against a UK Employment Tribunal ruling that their drivers are not self-employed contractors who use the Uber app to find work but are ‘workers’, who qualify for EU employment rights not normally afforded to the self-employed.
https://www.legal-island.ie/articles/ire/features/employment-law/2017/nov/uk-court-confirms-uber-drivers-are-workers/

Since the date of publication, Uber has sought to appeal the decision. The appeal will be leapfrogged to the UK Supreme Court, thereby by-passing the Court of Appeal.