Labour & European Law Review
20 January 2016
The European Court of Human Rights has decided in the case of Bărbulescu v Romania that it was not a breach of an employee’s right to privacy for their employer to access their professional internet account.
Following a referral about how to calculate an employee’s holiday entitlement if they increase their hours during the course of their holiday leave year, the Court of Justice of the European Union (CJEU) has held in Greenfield v The Care Bureau Ltd that employers have to carry out a new calculation for the period during which working hours increased. They do not, however, have to recalculate accrued holidays retrospectively.
In order to decide when claims of discrimination are part of a continuing act, the Employment Appeal Tribunal (EAT) held in Robinson v Royal Surrey County Hospital NHS Foundation Trust and ors that tribunals can include conduct extending over a period of time even if the acts fall under different headings when considered individually.