There are a suprising number of employment rights and responsibilities that both employers and employees are generally unaware of, the most prevalent of which we have covered in summary here covering these topics:
Each topic is dealt with in summary in the employment law section, which you can access by clicking on the link on the left.
CONSUMER LAW
It is suprising how many consumer rights go unexcercised. The most high profile example of this is bank charges, but this is just the tip of the iceberg. This section covers:
Defective Goods or Goods that do not match their description
Supply of Goods and Services Act
Unfair Terms in Contracts
Misleading Prices
Doorstep Selling
Distance Selling
- Unfair Commercial Practices
- Unsolicited Items
- Consumer Credit
- Product Liability for Defective products
DATA PROTECTION LAW
A summary of the main provisions relevant to data protection is included below. For full details click on the Data Protection link above.
The Data Protection Act 1998 sets out eight principles by which all personal data must be processed.
For the purposes of the Data Protection Act 1998 and of the Freedom of Information Act 2000 there is an officer known as the Information Commissioner; and a tribunal known as the Information Tribunal.
An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons.
Since 30 November 2005, the Data Protection Act 1998 was amended to extend subject access to a potentially wide class of data held by public authorities but in a way which is delimited by exemptions and qualifications.
Personal data must not be processed unless an entry in respect of the data controller is included in the register maintained by the Information Commissioner (or is treated by notification regulations as being so included), subject to the exceptions of necessary personnel records; marketing records; accounts; and not for profit associations
Personal data is exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
A person may appeal to the Information Tribunal against: (1) an enforcement notice, an information notice or a special information notice which has been served on him; or (2) the refusal of an application for cancellation or variation of an enforcement notice which has been served upon him.
Any party to an appeal to the Tribunal may appeal from the decision of the Tribunal on a point of law to the High Court of Justice if the address of the person who was the appellant before the Tribunal is in England or Wales.
Any person directly affected by the issuing of a national security certificate may appeal to the Information Tribunal against the certificate. Such an appeal to the Tribunal may also be made by any person who is party to proceedings under or by virtue of the Data Protection Act 1998 on the ground that a national security certificate does not have the scope claimed for it by the data controller; and on any such appeal, the Tribunal may determine that the certificate does not apply.
If a circuit judge is satisfied by information on oath supplied by the Information Commissioner that there are reasonable grounds for suspecting that a data controller has contravened or is contravening any of the data protection principles, or that an offence under the Data Protection Act 1998 has been or is being committed, and that evidence of the contravention or of the commission of the offence is to be found on any premises, he may grant a warrant to the Commissioner.
The Data Protection Directive is complemented by the Telecommunications Data Protection Directive which provides for the processing of personal data and for the protection of privacy in the telecommunications sector. The effect of both Directives may be restricted on grounds of national security, defence, public security, economic, financial or regulatory activities and state activities in
preventing or detecting serious crime.
The Computer Misuse Act 1990 provides criminal sanctions for unauthorised access to or modification of any material held on computers, with additional sanctions if this is done with a view to the commission of a crime.
PERSONAL INJURY LAW
In addition to compensating claimants for their financial losses arising from personal injury, the courts make an award for for pain, suffering or loss of the amenities of life (commonly referred to as 'general damages'). The amount of this award varies greatly and judges are required to follow guidelines. A summary of the top end for each band within these guidelines is detailed below. For much more information in relation to these awards, click on the Personal Injury Link above.
1 Injuries Involving Paralysis to £235,000
2 Head Injuries
Brain Damage to £235,000
Epilepsy to £87,500
3 Psychiatric Damage to £67,200
4 Injuries Affecting the Senses
(a) Total Blindness and Deafness In the region of £235,000
(b) Total Blindness In the region of £155,250
(B) Deafness to £81,500
(C) Impairment of Taste and Smell to £22,650
5 Injuries to Internal Organs
(A) Chest Injuries to £87,500
(B) Lung Disease to £79,000
(C) Asbestos-related Disease to £74,300
(D) Asthma to £38,175
(E) Reproductive System: Male to £86,500
(F) Reproductive System: Female to £98,500
(G) Digestive System to £36,125
(H) Kidney to £122,000
(I) Bowels to £87,500
(J) Bladder to £81,500
(K) Spleen to £15,250
(L) Hernia to £14,000
6 Orthopaedic Injuries
(A) Neck Injuries to £86,500
(B) Back Injuries to £98,500
(C) Shoulder Injuries to £28,000
(D) Injuries to the Pelvis and Hips to £76,350
(E) Amputation of Arms to £174,500
(G) Injuries to the Elbow to to £32,000
(H) Wrist Injuries to £34,850
(I) Hand Injuries to £117,000
(J) Vibration White Finger and/or Hand-Arm Vibration Syndrome to £22,400
(K) Work-Related Upper Limb Disorders to £13,500
(L) Leg Injuries to £165,500
(M) Knee Injuries to £56,000
(N) Ankle Injuries to £40,750
(O) Achilles Tendon to £22,900
(P) Foot Injuries to £117,000
(Q) Toe Injuries to £32,800
7 Facial Injuries
(b) Multiple Fractures of Facial Bones £8,650 to £14,000
(c) Fractures of Nose or Nasal Comple to £13,500
(d) Fractures of Cheekbones to £9,150
(e) Fractures of Jaws to £26,500
(f) Damage to Teeth to £6,600
(B) Facial Disfigurement
(a) Females to £56,500
(b) Males to £38,175
8 Scarring to Other Parts of the Body to £8,200
9 Damage to Hair to £6,350
10 Dermatitis to £11,200