NI: Arthur Cox advises top employers at risk management seminar

Chris Ritchie, Emma-Jane Flannery and Mathew Howse
Pictured (l-r): Chris Ritchie, Emma-Jane Flannery and Mathew Howse

Arthur Cox advised some of Northern Ireland’s highest-profile employers at a major risk management seminar it recently hosted.

Employers were advised on how best to manage litigation, employment, and health and safety risks at the seminar in Belfast’s Merchant Hotel, which also included an overview of rules regarding the use of covert surveillance to obtain evidence regarding employee behaviour.

The seminar was delivered by litigation and dispute resolution partner Mathew Howse; employment law partner Emma-Jane Flannery; and dispute resolution partner Chris Ritchie.

It was attended by over 50 representatives from prominent businesses and public sector organisations, including Moy Park, AES, Northern Ireland Housing Executive and Ulster University.

Delegates were advised on how Brexit will potentially impact areas such as cybercrime and cross-border litigation, as well as hearing about key changes to holiday pay, the importance of social media strategies and training, and the practical steps companies and their directors can take to mitigate the risk of health and safety liabilities.

The advice provided about covert surveillance follows a recent NI Tribunal ruling in an unfair dismissal claim brought by an employee regarding the use of covert surveillance by his employer.

Ms Flannery said: “The recent case against Bombardier is an interesting example of when it is justifiable, and indeed legal, for employers to record the activities of their employees whom they suspect of criminal or fraudulent activity. There are times when one of the only ways to obtain evidence is by covert surveillance.

“However, we would urge employers to be extremely cautious as they run the risk of falling foul of the Information Commissioner’s Code of Practice on Employment Practices. Covert monitoring is only likely to be lawful if there are grounds for suspecting criminal activity or serious misconduct.”

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