GC Horizon Scanner - Summer 2019

Parent company liability for overseas subsidiary - Vedanta Resources Plc v Lungowe

A recent Supreme Court judgment has dramatically raised the potential exposure facing UK parent companies. The Court gave a clear signal that corporations can be liable to foreign claimants for damage caused by the operations of their non-UK subsidiaries.

Please click here to read the full article on the decision and its implications.

In-house counsel – conduct rules

In-house solicitors in England and Wales are subject to the same professional conduct standards as those in private practice. But the role of in-house counsel means they may find themselves more exposed to pitfalls and asking more readily “who is my client” in this business transaction or internal dispute. This article considers this point and the role of non-disclosure agreements in more detail.

Please click here to read the full article. 

Data Protection Enforcement

Google’s €50m fine by the French data protection regulator is indicative of a new enforcement trend across the EU that focuses on the lawful use of personal data, and not just security and data breaches.

Please click here to read the full article.

Meanwhile the UK’s ICO is flexing its muscles by fining companies for nuisance marketing calls and emails.

Please click here to read the full article.

GDPR in the workplace – grappling with employee data

Since May 2018, HR professionals have been grappling with how to handle employee data in accordance with the GDPR. There have been four key areas of change since the new regulations were implemented which are considered further in this article.

Please click here to read the full article. 

Managing Mental Health in the Workplace

Experts from DAC Beachcroft, Katy Horner and Rebecca Cole, host a live webinar on behalf of HPMA covering topics such as how to recognise, approach and manage mental health in the workplace.

Please click here to watch the webinar.

Working Time: Compensation for failure to provide rest breaks

An employee has been awarded damages for personal injury on the basis that his employer had arranged the working day so as to deny him a twenty minute rest break which, as an employee working longer than six hours, he was entitled to. This decision may open the door to similar claims.

Please click here to read our full article. 

Whistleblowing: Is an employee complaint about defamation protected?

Internal whistleblowing can help companies identify risks and possible non-compliance with regulations and legislation at an early stage, and thereby reduce the risk of fines and reputational damage. In the UK, the whistleblower legislation potentially gives workers protection in relation to a broad spectrum of complaints. However, as our article here explains, workers that blow the whistle must reasonably believe that their disclosure is in the “public interest” – purely personal complaints about what others may be saying about them may not meet this test.

Please click here to read the full article.