Google was ordered to take down links to articles about the historic criminal convictions of a businessman.
Two businessmen (NT1 & NT2) convicted of criminal offences many years ago brought claims made under Data Protection law and the English law tort of misuse of private information, for the “right to be forgotten” or, more accurately, the right to have personal information “delisted” or “deindexed” by providers of internet search engines (“ISEs”)
Social media is great. It increases your network for new business. It helps you build a personal brand. It also keeps you in tune with developments in the law. However, when you’re active on social media there are some pitfalls to watch out for.
Don’t be inaccurate or misleading
The recently published judgment in Forz Khan v Bar Standards Board provides insight into the professional consequences of careless talk and use of LinkedIn. It comes hot on the heels of an SDT judgment in Deborah Daniels who was prosecuted by SRA for making a series of Tweets that were offensive and which expressed hostility towards Islam, Catholicism and Judaism.
The two are completely unconnected but yet again lawyers have been professionally sanctioned for inappropriate communications. The only real surprise is that despite clear professional obligations that have been around for quite some time, they took place.
“I need to know can my employer reduce my hours? I am the manager of a taxi firm and work 39 hours per week Monday to Friday. I am worried, can my employer reduce my hours? My boss used to drive my autistic son to his special school until an incident occurred and he refused to take my son on this contract. I reported him to licencing for driving while talking on his mobile. Things have never been the same since and he has now reduced my hours to 16 hours with immediate effect. I will only be working two days a week on minimum wage. He said I can use my holidays this week and start back next Thursday 31st March. My other problem is that he took on a part timer about three weeks ago and this doesn’t affect him, whereas I’ve been here for well over five years. I’m also concerned that he pays other people cash in hand to cover some shifts in the office.”
“Please can you tell me my rights, as I need to inform working/child tax that I’m going part time. Can he legally do this to me? He says things are financially strangling him and will cover my shifts. I’m paid cash, fully on the books, get a weekly wage slip along with a weekly wage. I claim working tax and child tax credits and am the sole earner in our household. I have never received a written contract, but so far, he’s stuck to all aspects of employment law i.e. 28 days holidays etc and the correct minimum wage.”
The GDPR impacts on the giving of references and supplying confidential information
Employers are advised to write a clear policy on the giving of references. The ICO (Information Commissioner’s Office) has said employers should have a clear policy setting out, which employees are authorised to give references and in what circumstances.
