In this episode of the Matheson Employment Law Podcast Series, Head of the Matheson Employment, Pensions and Benefits Group, Bryan Dunne reviews a UK Court of Appeal decision in which a well-known UK retailer was held liable for the unlawful disclosure of just under 100,000 employees’ personal details by a fellow employee in an attempt to cause malicious damage to his employer. The podcast looks at the basis on which the Court reached this conclusion, in circumstances where the employer had clearly not authorised access to or use of employee data for such purposes and had taken reasonable precautions to prevent it being unlawfully disclosed.        

The review also looks at some issues of increasing concern for clients operating in Ireland as Brexit gets closer, in particular around the Common Travel Area. Since this recording, we have clarified that the continuation of the CTA will not require amending legislation.  However, there is a concern that post-Brexit, the issue of the 50 / 50 rule, outlined in the Employment Permits Act, whereby the Department of Business, Enterprise and Innovation will not issue or renew an employment permit where the employer has less than 50% of its employees of EEA/Swiss nationality, will operate to exclude British nationals.  We will be covering the various corporate immigration, pensions and benefits and other employment law issues that Brexit throws up in our next podcast due to be released in mid April. 

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