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October 2017: Legal update

Our legal partner Humphries Kirk provides an update on recent changes to several areas of law that may affect your business, from Intellectual Property and Brexit, to trademarks and employee privacy. 

Q&A

When you’re recruiting for a role, are there any implications to investigating social media profiles of a prospective employee?

There is no specific prohibition on checking the social media profiles of candidates but there are risks associated with using social media for recruitment purposes. The main issue is the possibility of the employer discovering information about a candidate that could lead to inferences of discrimination if the candidate is subsequently unsuccessful. 

Can you monitor your employees’ emails?

Workers have a right to respect for privacy in the workplace, and if an employer is going to monitor their emails and messages, the employer should (exceptional reasons aside) tell the worker that their communications might be monitored. Employers will need to ensure they have clear policies and procedures on monitoring workers emails. 

Should voluntary overtime be included in holiday pay?

The Employment Appeal Tribunal has upheld a decision that regular payments for voluntary overtime must be taken into account in calculating employees’ holiday pay.  Under the EU Working Time Directive, holiday pay must correspond to “normal remuneration”, and the Employment Tribunal was entitled to conclude on the present facts that the payment for voluntary overtime was made with sufficient regularity for it to fall within this definition.  

To view and download the full Autumn 2017 update from our legal partner Humphries Kirk, including information on Intellectual Property, trademark, employment law and more, click here.

Legal advice helpline

DBA members benefit from a free half hour of legal advice on any number of differing issues from the DBA’s legal partner Humphries Kirk. Please contact Darrell Stuart Smith on 01305 251007.