
Five?employment law issues 2018
(1) General Data Protection Regulations (GDPR) The European General Data Protection Regulations, or ?GDPR?, are set to come in to force across Europe on 25?May 2018. These regulations will seek to enhance the rights of individuals and make changes to existing data practices, including removing the ability to charge a fee to provide access to information unless the request is manifestly unfounded or excessive. Employers should use the first half of 2018 to review their current practices and documentation to assess how they process data and review whether this is in line with GDPR. The potential consequences of non-compliance are costly, with maximum fines of four per cent of a firm?s annual turnover. Experts have said that Uber would have been fined ?17.75m for their recent data breach, under GDPR rules. (2) Employment status 2017 has seen numerous claims from individuals questioning their status and their employment rights, with the most prolific cases within the so-called gig economy. Status is going to continue to be a big issue in 2018, with several ongoing high-profile lawsuits. Pimlico Plumbers, for example, are taking their appeal against the decision that a plumber was a worker to the Supreme Court in February. Meanwhile, Uber has also applied to leapfrog the Court of Appeal and have their appeal heard in the Supreme Court. There are numerous other cases that will be heard at a lower level, from Deliveroo riders to Olympic athletes. The government is expected to respond to the Taylor Review on modern working practices before the end of 2017, and many employers may be waiting to see if the recommendations on clarifying status will be actioned in 2018. (3) Increase in tribunal claims The most significant decision in 2017 was the Supreme Court deciding the tribunal fee regime was unlawful. Since 26 July 2017, claimants no longer have to pay a fee to bring a tribunal claim. The impact of this decision is that claims are likely to increase, and potentially keep increasing in 2018. There is no longer a financial deterrent on individuals who wish to challenge their employers in the tribunal. Whilst this improves access to justice for those with a true complaint, there may also be an increase in spurious claims or claims to pressure employers into financial settlements. Claims fell around 79 per cent?once fees were introduced. Employers will be keeping a close eye on the statistics to see if claims increase back to this level or if they go even higher. (4) Gender pay gap reportingSign up to our newsletter to get the latest from Business Advice.