Category Archives: Britain

Britain, Business, European Court, Government, Legal, Politics

The practice of employers spying on staff?

HUMAN RIGHTS LAW

Employers need to take a ‘proportionate approach’ to monitoring their staff.

Last year, significant publicity was given to a European Court of Human Rights (ECHR) decision whereby the rejection of a claim was widely described as a charter for employers to snoop on their employees at work.

Following an appeal, however, a claim by Mr Barbulescu that his right to privacy at work had been violated has been upheld.

The case concerned a Romanian engineer whose employer asked him to set up a Yahoo messenger account. The employer laid down very strict rules against any personal use.

The company monitored Mr Barbulescu’s account and accused him of using it for personal reasons. The defendant disputed this but was then presented with evidence that he made extensive use of it to discuss aspects of his sex life and health with two of his contacts, namely his fiancée and brother. Mr Barbulescu was subsequently dismissed and he brought claims against his employer.

The Grand Chamber of the Court has now decided that Mr Barbulescu’s right to privacy under Article 8 of the European Convention was breached. The key part of the decision was that an employee’s private life at work cannot be reduced to “zero”.

The national courts had not taken account of relevant issues including whether Mr Barbulescu had received prior notice of monitoring or considered its nature and extent. Nor had they determined legitimate reasons justifying the monitoring or considered less intrusive measures. They had accordingly failed to strike the right balance between the employer’s rights to impose discipline and the employee’s right to privacy.

The case highlights the degree of necessity that employers should take when monitoring employees. Whilst that should amount to a proportionate approach, the decision of the Grand Chamber will have limited impact in the UK. This is because legislation and guidance already sets out the parameters of legitimate monitoring by employers.

But there is an overlap. UK workers may be becoming concerned about domestic developments. The EU withdrawal bill, while purporting to preserve all workers’ rights enjoyed by virtue of EU law, controversially excludes the Charter of Fundamental Rights which enshrines in EU law both respect for private and family life and protection of personal data.

While the British Government appear to have sidelined its plans to withdraw the UK from the Convention on Human Rights and from the jurisdiction of the Court which presided in the Barbulescu case, there are indications that these important issues may be revisited after we leave the EU.

Although existing safeguards will continue to apply and be strengthened through implementation of the European General Data Protection Regulation next year, these developments mean, despite UK parliamentary assurances, workers’ rights in the UK look like they are about to be subject (once again) to significant uncertainty.

 

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Britain, European Union, Government, Politics, Society

UK firms alarmed over Government crackdown on migrants

IMMIGRATION/BREXIT

BUSINESS leaders have clashed with the Government over Brexit following the pledge by Theresa May to curb the flow of cheap, low-skilled labour from Europe.

Business lobby groups reacted with fury to leaked Government proposals outlining a tough new immigration system after Britain leaves the EU.

Downing Street hit back, saying business needs to end its reliance on cheap migrant labour and do more to train British workers. Mrs May said ministers had a duty to curb immigration after last year’s EU referendum, and restated her pledge to slash net immigration to the “tens of thousands”.

But the Government was in disarray as Cabinet ministers, including Home Secretary Amber Rudd, Chancellor Philip Hammond and Business Secretary Greg Clark are understood to have concerns about slashing immigration from the EU too quickly.

Damian Green, the First Secretary of State and one of Mrs May’s closest allies, is also thought to have misgivings, and believes the plan can be toned down.

It has also emerged that FTSE 100 leaders have refused to sign a letter backing the Government’s Brexit strategy. Downing Street quietly asked executives to sign an open letter saying they wanted to “make a success of Brexit”, and welcoming the Government’s push for a transitional deal.

But this was not welcomed by some, with one executive reportedly saying: “There is no way we could sign this given the current state of chaos surrounding the talks.”

It is understood the letter, drafted by No. 10, was due to be made public as Mrs May tries to create support for the legislation going through Parliament about our EU withdrawal.

The row followed the leak of a Home Office document setting out plans to curb immigration from the EU after Brexit.

The Prime Minister said: “Immigration has been good for the UK, but people want to see it controlled as a result of our leaving the EU.

“The Government continues to believe it is important to have net migration at sustainable levels, particularly given the impact it has on people at the lower end of the income scale in depressing their wages.”

Defence Secretary Sir Michael Fallon said: “We have always welcomed to this country those who can make a contribution to our economy, people with high skills.

“On the other hand, we want British companies to do more to train up British workers, to do more to improve skills of those who leave our colleges. So, there’s always a balance to be struck. We’re not closing the door on all future immigration but it has to be managed properly and people do expect to see the numbers coming down.”

The document, which has caused uneasiness among some ministers, suggests low-skilled workers from the EU would only be allowed to stay for a year or two, and EU citizens would be barred from moving to the UK to look for a job. Ministers are also considering a ‘direct numerical cap’ on the numbers who come here from Europe after the UK leaves in March 2019.

Big businesses reacted angrily to the proposals. The chief executive of the British Hospitality Association said the proposals would be “catastrophic” for the industry, one which relies heavily on cheap EU labour.

The executive said: “We understand the wish to reduce immigration but we need to tread carefully and be aware of the unintended consequences – some businesses will fail, taking UK jobs with them.”

A spokesperson for the Confederation of British Industry, said: “An open approach to our closest trading partners is vital for business, as it attracts investment to the UK. It also helps keep our economy moving by addressing key labour shortages.”

The Institute of Directors said business leaders would not welcome the proposals and its members would be hoping for changes in the Government’s final position.

The National Farmers’ Union said a cut in migrant workers could cause “massive disruption” for the industry. Its deputy president said 80,000 seasonal workers a year are needed “to plant, pick, grade and pack over 9 million tonnes of fruit, vegetable and flower crops”.

But Migration Watch, a think-tank, said ministers were right to pressure businesses to wean themselves off cheap foreign labour.

In a statement, it said: “We want to encourage employers to train local people and make more of an effort to prepare for a time when there won’t be all these people coming in with readymade skills prepared to work for lower wages.”

The leaked document was a draft of proposals due to be published this autumn.

Sources said a further six drafts have since been produced and it has not yet gone to ministers for approval. Senior figures in Brussels raised concerns about the document.

Gianni Pittella, leader of a large group within the European Parliament, said it revealed the “nasty side of Theresa May’s Government”, adding: “Should the British Government follow the position outlined, it will certainly not help the negotiations. It adds uncertainty and confusion.”

German MEP Elmar Brok, an ally of Angela Merkel, said he was “shocked by the language and content of this paper”, adding: “I think we are in a situation that EU citizens are seen as an enemy for the UK. This is not an atmosphere where you can find solutions.”

. How other countries control their borders

In the United States immigration law provides for an annual worldwide limit of 675,000 newcomers, with certain exceptions for close family members.

The Immigration and Naturalisation Act allows a foreign national to work and live lawfully and permanently in the States.

Each year it admits foreign citizens on a temporary basis. Annually, Congress and the president also determine a separate number for admitting refugees.

Immigration to the States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the US economy, protecting refugees and promoting diversity. In Australia, a tough immigration points system is credited with keeping numbers under control while ensuring the economy has the skills it needs.

Extra points are given for factors such as experience, qualifications and age. But critics argue there is no guarantee it would bring numbers down, pointing out that Australia has proportionately higher immigration than the UK.

Since 1967, most immigrants to Canada have been admitted on purely economic grounds. Each applicant is evaluated on a nine-point system that ignores their race, religion and ethnicity and instead looks at age, education, skills, language ability and other attributes.

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Britain, China, Government, North Korea, United Nations

Britain hints it could hit North Korea with cyber war

NORTH KOREA

THE BRITISH GOVERNMENT has refused to rule out using cyber warfare to target North Korea dictator Kim Jong-un in the wake of his latest missile launch.

Theresa May has pledged to stand “shoulder to shoulder” with Japan whose territory was targeted.

The prime minister, who had arrived in the Japanese city of Kyoto 36 hours after Pyongyang sent a missile over the north of the country, said she was keeping the door open to launching a retaliatory cyber strike. Mrs May also provoked a row with China after heaping pressure on Beijing to rein in the rogue state.

At the commencement of her three-day trip to Japan, she said: “We are very clear that the actions of North Korea are illegal. I think they are significant actions of provocations.

“I think that is outrageous, that is why we will be working with our international partners and re-doubling our efforts to put pressure on North Korea, to stop these illegal activities.” Mrs May refused three times to say if Britain could use its cyber capabilities to take on North Korea, as she repeatedly avoided questions about the prospect of future military action.

Britain has doubled its investment in defensive and offensive cyber warfare to £1.9billion and set up a National Cyber Security Centre, which is part of GCHQ.

National Cyber Centre

The new National Cyber Security Centre is the authoritative voice on information security in the UK. It is part of GCHQ and an integral part of the intelligence community.

Last month, the Prime Minister said she had told China’s President Xi that she believes his country has a “key role in putting pressure on North Korea to stop the actions they are taking”.

She said: “We want to ensure that North Korea desists in this action. We see that the best way of doing that is for China to be bringing pressure to bear on North Korea.”

But this week the Chinese foreign ministry criticised those claiming China should step up the pressure on North Korea. A statement released, said: “They only pay attention to sanctions and pressure, and ignore peace talks. When we promote peace talks, they ignore this. You will reap what you sow… The parties directly concerned should take responsibility.”

Mrs May attended Japan’s national security council and announced the deployment of HMS Argyll to the region in December 2018.

Matthew Rycroft, British ambassador to the UN, said Britain wants new sanctions against North Korea which would target workers who are sent to countries such as Russia and China, and whose wages are a source of revenue for Pyongyang.

Meanwhile, a former GCHQ expert has warned that Britain’s enemies would use cyber-attacks to create panic and disrupt key services such as banks, power plants and the NHS if a Third World War erupts.

Brian Lord, who was deputy director for intelligence and cyber operations at GCHQ, said countries are engaged in a cyber arms race and “unpredictable” North Korea is one of those developing capabilities to penetrate global computer systems.

BRITAIN’S relationship with China has suffered a setback after Beijing accused Theresa May of being a “weak” leader.

After the Prime Minister called for the Chinese to do more to rein in North Korean dictator Kim Jong-un, a state-linked newspaper taunted her over her disappointing general election performance.

The Global Times attacked Mrs May in an article headlined, “Beijing does not need London to teach it how to deal with North Korea”.

“May’s Conservative Party lost many seats, turning her into a vulnerable Prime Minister,” the newspaper wrote in an editorial column. It also accused her of copying Donald Trump’s stance.

“Weak people often look for opportunities to show their strength”, it said. “Perhaps Prime Minister May doesn’t know much about the Korean Peninsula. Her comments sounded just like a rehashing of Washington’s rhetoric.

“If the British Government genuinely wants to protect its businesses and investment interests in the region, it should speak and act cautiously… rather than pointing fingers and making irrelevant remarks.”

But an undeterred Mrs May doubled down on her demands, calling for “actions as well as words” as Britain, America and Japan all urged China to sign up to oil sanctions against the rogue state.

Confronted by the criticism from Beijing, Mrs May said she was not deterred, adding: “We need to ensure it’s not just words of condemnation, but that action is taken. China does have a leverage in the region and we should be encouraging China to exercise that leverage.”

The Prime Minister and her Japanese counterpart Shinzo Abe both agreed to an increase in sanctions to bring North Korea to heel. A Government source said these could include implementing current sanctions more quickly, as well as looking at new areas to target.

It is understood China is resisting increasing sanctions to North Korean oil, on the back of a coal export slapped on the international pariah two weeks ago.

Following the North Korean missile test over Japan earlier this week, Mr Abe said: “The threat is felt not only by our country or Asia alone, it has become a global threat including Europe.

“North Korea will launch an intercontinental ballistic missile and the range would include almost the entire region of Europe.” Mrs May added: “We are very clear that the actions of North Korea are illegal.”

Defence Secretary Sir Michael Fallon has said the UK and its NATO allies must compete on the “cyber battlefield”.

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