Morrisons Supermarket Liable For Data Breach

Morrisons Supermarket has been held liable for a data breach of 5,518 former and current employees’ personal data.

On 4th December 2017 the High Court allowed a compensation claim by thousands of Morrisons Supermarket staff. A former staff member that had worked as a senior internal auditors at Morrisons had taken personal data from payroll and posted it on line. So although Morrisons were not directly at fault for the leak at all they were nevertheless held to be vicariously liable for the actions of an employee.

The leak of personal information occurred in 2014 as a vendetta by the employee, Andrew Skelton who held a grudge against Morrisons for accusing him of dealing illegal drugs whilst at work. Skelton has since been jailed for eight years for a number of fraud and data security breach offences.

Morrisons have been given permission to appeal.

Data protection laws are currently governed by the Data Protection Act 1998.  However, with effect from 25th May 2018 the General Data Protection Regulations (GDPR) will come into force.  Some people had thought that due to Britain’s Brexit plans that the GDPR would not apply, but although the bill has yet to pass through Parliament it is going to be passed as law.  The GDPR will impact all businesses and will have a dramatic impact on every organisation.  It directly affects the way all businesses will collect, store and process personal data of clients/customers, prospects/contacts and employees. 

Fines for non-compliance under the GDPR can be as high as 20 million Euros or 4% of global turnover, whichever is larger. 

The Information Commissioner’s Office (ICO) governs and monitors compliance.  They have published guidance for organisations preparing for the GDPR and this can be found at:-https://ico.org.uk/for-organisations/resources-and-support/data-protection-self-assessment/getting-ready-for-the-gdpr/

Employment Law Update Winter 2017

We are pleased to bring you our Winter 2017 Employment Law update

Please click on the image below to download your copy.

Adams Harrison Employment Law Newsletter Winter 2017 Image

Budget 2017; Stamp Duty Changes For First Time Buyers

The government announced yesterday that it is abolishing stamp duty land tax for first time buyers purchasing homes up to a value of £300,000.  If a property is purchased up to £500,000 there will only be stamp duty payable at 5% on the amount between £300,000 to £500,000.  This change in stamp duty provisions is hoped to assist first time buyers to get on the property ladder.

It is worth noting that a first-time buyer is defined as someone who has never owned a freehold or leasehold interest in a residential property before and who is purchasing their only or main residence. If someone has owned a residential property anywhere in the world previously then they won’t be counted as a first-time buyer. All purchasers in a joint purchase must be first-time buyers to avoid having to pay stamp duty.

Our conveyancing team will guide you through the home buying process, including advising on any liability to pay stamp duty.

 

Adams Harrison Jeans For Genes Event 2017

Adams Harrison took part in the Jeans For Genes event on 22nd September across all three offices, with staff making £2.00 contributions to take part and donations too. In total £66.81 was raised.

Adams Harrison Jeans For Genes 2017 Certificate

Adams Harrison At Anglia Ruskin Careers Fair Cambridge

Various representatives of Adams Harrison attended the Anglia Ruskin Careers Fair on 1st November 2017 in Cambridge.

The event was a very successful one and the Adams Harrison personnel spoke with a lot of potential trainee solicitors, and gave general advice to them about how they should  proceed to achieve their goal.

Jenny Carpenter and Sue Lawton of Adams Harrison at Anglia Ruskin Careers Fair

Jenny Carpenter and Sue Lawton of Adams Harrison at Anglia Ruskin Careers Fair

Matt Darmon of Adams Harrison at Anglia Ruskin Careers Fair

Matt Darmon of Adams Harrison at Anglia Ruskin Careers Fair

Recover Tribunal Fees Previously Paid

Following the Supreme Court judgment on Employment Tribunal fees an announcement has now been made on the first stage of the scheme  to be reimbursed fees paid whilst the fee regime was operational.

Up to around 1,000 people will now be contacted individually and given the chance to complete applications before the full scheme is opened up in the coming weeks.

If you paid a fee as well as being refunded this you will be entitled to interest of 0.5%, calculated from the date of the original payment up until the refund date.

The opening phase of the refund scheme will last for around 4 weeks. If you wish to register an interest in being refunded Tribunal fees paid we can assist and pre-register your refund request.  Contact us at enquiries@adams-harrison.co.uk.

Adams Harrison Support Wear It Pink Day

Adams Harrison took part once again in raising awareness for Cancer Research by turning up to work in pink.

The staff at the Sawston office were only too happy to show their support, as pictured, and raised £15.00. The total across all three offices was £47.01

Adams Harrison Support Wear It Pink Day 2017

Employment Tribunal Fees Abolished

A fee regime was in place from 29th July 2013 whereby fees had to be paid upon issuing a claim before an Employment Tribunal and upon the case going to a full trial. The fee for issuing a claim was either £160 or £250, depending on the type of claim. The hearing fee was £230 or £950. On 26th July 2017 a judicial review case was heard at the Supreme Court brought on an application by Unison against the Lord Chancellor. The Supreme Court declared that fees in the Employment Tribunal and Employment Appeal Tribunal were unlawful, under domestic and EU law. It quashed the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013. The Supreme Court determined that the fee regime effectively prevented access to justice and was a breach of common law and constitutional rights. It was also held that it was indirectly discriminatory to have fees contrary to the Equality Act 2010.

As a result of this case all claims brought before an Employment Tribunal from now on will not incur a fee. It also means that that those Claimants that incurred fees at anytime during the four year period whilst the fee regime was in place are entitled to a refund. The detailed arrangements for recovering previously paid fees was due to be announced in September but the scheme has yet to be revealed.

There is now the potential for reinstatement of claims that were rejected by the Employment Tribunal as a result of a failure to pay the correct fee. There is also legal argument for allowing claims out of time on the basis that the Claimant could not afford to bring the claim when fees, that have now been held to be unlawful, were in place.

If you have any queries about fees or past or current claims our employment law expert, Jenny Carpenter can assist.

Success For Adams Harrison Employees In The Haverhill Triathalon

Adams Harrison sponsored the Haverhill Triathlon once again this year with two teams taking part.

 

Rebecca Dedman, Andy Dedman, Adam Woodhead, Oliver Farenden, Jack Stewart and William Staal

Rebecca Dedman, Andy Dedman, Adam Woodhead, Oliver Farenden, Jack Stewart and William Staal

Jack Stewart and Rebecca Dedman ran the last leg and Adams Harrison came in 1st and 2nd as a team.

Rebecca Dedman and Jack Stewart collect their awards

Rebecca Dedman and Jack Stewart collect their awards

Rebecca Dedman with her 10K Award

Rebecca Dedman with her 10K Award

Pre-Action Protocol For Debt Recovery.

It is worth being aware that a new Civil Procedure Protocol comes in to effect on 1st October for debt recovery.  Therefore, if you are a business seeking payment of a debt from an individual, including a sole trader there is a protocol you should be adhering to before you issue County Court proceedings.  This includes proceedings within the small claims track.  A formal letter of claim must be sent, containing specific information and providing the debtor with prescribed forms to complete and return within 30 days.

The protocol does not apply to business to business transactions and dealings.

The protocol could have a significant affect on companies and businesses owed money as the process to recover debts will be more cumbersome and time consuming.   Debtors can delay payment by up to 90 days.

There will be penalties for businesses failing to adhere to the protocol by suing individuals before the protocol, including the letter of claim have been complied with. The consequences include:-

a)      Further delay in collection of debts if the court determines that formal legal proceedings are stayed (paused) whilst failures to comply with the Protocol are dealt with.

b)      The possibility of costs sanctions in that the creditor may not be able to recover their legal costs, or worst still will have to pay the debtor’s legal costs.

c)      Inability to recover interest from a debtor or recovery at a reduced rate.

Some organisations may need to revise their debt recovery procedures to take into the new protocol.

We can provide advice on the procedures that you are required under the protocol to have in place.  We can write on your behalf the formal Letter of Claim that is a requirement of the Protocol.