Such careless data sharing is likely to have caused distress to many people, since they did not know that their personal information was being shared multiple times with so many organisations, including information about their pregnancy status and their children”
The investigation found that for online registrations, Bounty’s privacy notices had a reasonably clear description of the organisations they might share information with, but none of the four largest recipients were listed.
Additionally, none of the merchandise pack claim cards and offline registration methods had an opt-in for marketing purposes.
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Equal Pay and Insolvent Employers 25 April 2019
The Court of Appeal has held that a claim for equal pay which has not been quantified when the employer becomes insolvent, constitutes "arrears of pay" payable under the Employment Rights Act 1996.
In the case of Graysons Restaurants Ltd v Jones, Daniel Barnett’s employment law bulletin provides the following summary:
Duchy Catering Limited went into administration. Administrators were appointed, who sold its assets to Graysons Restaurants. TUPE applied.
Under Reg 8(5) of TUPE liability for unpaid sums due to employees from an insolvent transferor do not transfer to the transferee, provided these are sums reimbursable by the Secretary of State as identified by the 'relevant statutory schemes' (i.e. Part XII of the ERA 1996). These include up to 8 weeks' arrears of wages. In this case there were outstanding equal pay claims, although the precise quantification of claims had not yet occurred. The EAT held that equal pay arrears can be "arrears of pay" within the meaning of s184(1) of the ERA and therefore a debt within s182 of the ERA. The Court of Appeal upheld the EAT's decision. Equality clauses were incorporated into the employees' contracts, as it had been conceded that they were performing work of equal value to their comparators. If that presumption were not rebutted by a genuine material factor defence, the employees had a legal entitlement to be paid in accordance with the equality clauses for work they performed before the appropriate date. The Court of Appeal accepted that, in many cases, there will be practical difficulties with this outcome, but they could not prevail against the obvious meaning of the statute. Nor were they unique to claims for guaranteed payments against the Secretary of State.
To the extent that the liabilities exceeded the statutory limits in Part XII (i.e. arrears beyond eight weeks), these would transfer to Graysons, the transferee, under Reg 4 Of TUPE. That aspect of the litigation had been settled out of court.
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Holiday Pay and Voluntary Overtime 17 June 2019
NHS workers who do overtime on a regular basis or frequently work beyond their normal shifts should now have these extra hours taken into account when their holiday pay is calculated, as a result of a landmark court victory by UNISON.
UNISON took this case of N Flowers and others vs East of England Ambulance Trust to the Court of Appeal in May 2019 after winning employment tribunal and employment appeals tribunal cases in May 2017 and April 2018.
The Court of Appeal has now ruled in favour of a paramedic and 12 of his colleagues who all work for the East of England Ambulance Service. The ambulance staff argued their holiday pay should better reflect the hours they actually worked, rather than be based solely upon their contracted hours.
The Chartered Institute of Payroll Professionals
Payroll: need to know
cipp.org.uk
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