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Morrisons – Court of Appeal: Vicarious Liability in Serious Data Breach

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The Court of Appeal has this week decided that Morrisons was vicariously liable for a serious data breach whereby Andrew Skelton, a former internal auditor for Morrisons posted names, bank account details, salaries and national insurance details of nearly 100,000 employees online.  Over 5,000 employees affected have been involved in bringing a case against the supermarket.
Skelton was a former disgruntled employee who was convicted of fraud, securing unauthorised access to computer material and disclosing personal data at a criminal trial in 2015.
Where did it go wrong? 
Morrisons defence centred on their argument that it could have done nothing to prevent the breach.
The Supermarket also argued that it could not be held liable for the criminal misuse of its data.
General Data Protection Regulations
The Regulations which came in to force in May this year have heightened public and media interest in personal data security.  It is inevitable that precedents will now be set to encourage conformity.

Ethnicity pay reporting

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Seeking views on ethnicity pay reporting by employers.

This consultation closes at 11:45pm on 11 January 2019

 Consultation description

This consultation seeks views on ethnicity pay reporting by employers. It sets out options and asks questions on:

  • what ethnicity pay information should be reported by employers to allow for meaningful action
  • who should be expected to report
  • next steps

The objective of the consultation is to enable government and employers to move forward in a consistent and transparent way. Consultation responses will inform future government policy on ethnicity pay reporting.

Reform of the Gender Recognition Act 2004

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Seeking your views on how best to reform the Gender Recognition Act 2004.

This consultation closes at 11pm on 19 October 2018

Consultation description

Trans people are able to receive legal recognition of their acquired gender through a process set out in the Gender Recognition Act (GRA) 2004. Since the GRA came into force, only 4,910 people have legally changed their gender. This is fewer than the number of trans respondents to the government’s LGBT survey, who were clear that they wanted legal recognition but had not applied because they found the current process too bureaucratic, expensive and intrusive. The government therefore seeks your views on how to reform the legal recognition process.

The consultation focuses on the Gender Recognition Act 2004. We are not proposing any amendments to the Equality Act 2010.

This consultation does not consider the question of whether trans people exist, whether they have the right to legally change their gender, or whether it is right for a person of any age to identify with another gender, or with no gender. Trans and non-binary people are members of our society and should be treated with respect. Trans people already have the right to legally change their gender, and there is no suggestion of this right being removed. This consultation simply asks how best government might make the existing process under the Gender Recognition Act a better service for those trans and non-binary people who wish to use it.

Please email any enquiries to:

Failure to offer alternatives to those at risk of redundancy…

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A midwife has won £5,000 compensation following a claim that her employer failed to inform her of potential vacancies and positions she could apply for whilst her role was at risk of redundancy when she was on maternity leave.  Although the company claimed it had offered alternatives and stated that any oversights were unintentional the judge held in favour of the claimant, Naomi Leigh-Poole.


When working through redundancies always remember those absent from the business.  Ensure consistency in consultation and have an audit trail of; alternative roles offered, recruitment freezes and that you have considered and possibly instigated “bumping”.

Government consultations which are currently open to you for your input!  Don’t miss out, have your say!!!

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Of particular interest to the transport and delivery service sectors please visit the following for opportunity to input before 10th September:


A call for evidence on the opportunities available to deliver goods more sustainably.

This consultation closes at 11:45pm on 10 September 2018


Consultation description

“This call for evidence will allow us to improve our understanding of the scale of opportunity as well as some of the current barriers to delivering goods more sustainably.

The call for evidence will explore:

  • how electrically powered e-vans, micro vehicles and e-cargo bikes can provide better service to customers for cargo in comparison to light commercial vehicles
  • the scale of the potential environmental and other benefits
  • the barriers to sustainable last mile delivery
  • what incentives might be appropriate to encourage a large-scale shift to clean, last-mile delivery options
  • measures to improve logistical efficiency (e.g. urban consolidation centres / hubs)


The call for evidence builds on the government’s Road to Zero Strategy which forms an important part of government’s work on the Future of Mobility Grand Challenge.  This is considering how emerging technologies and services can be used to address a range of transport challenges”.

Call for A new approach to Immigration following Brexit

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The Confederation of British Industry (CBI) has called on Government to consider radical changes following Brexit to ensure businesses are able to obtain the workers required whether EU residents of UK Nationals.  The data rich study identifies minimum sector workforce requirements and puts forwards recommendations.