Labour & European Law Review
29 April 2015
As of last month, employers are no longer entitled to require job applicants (and existing employees) to provide them with a full copy of their criminal record under a subject access request.
The Supreme Court has held in Braganza v BP Shipping Ltd and anor that the more improbable an allegation, the less likely it is that the incident has occurred. There must therefore be convincing evidence before deciding, on the balance of probabilities, that the allegation has been proven.
The law states that, in certain circumstance, the Secretary of State for Business, Innovation and Skills (BIS) may be liable for the debts of an employer who is insolvent. In Secretary of State for BIS v Dobrucki, however, the Employment Appeal Tribunal (EAT) held that in the event of a transfer in an insolvency situation, he was only liable for debts up until the date of the transfer.