The monitoring of tele-homeworkers in the UK: legal and managerial implications

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Graeme Lockwood ◽  
Vandana Nath
Keyword(s):  
Legal Framework ◽  
Policy Implications ◽  
Illustrative Case ◽  
Privacy Rights ◽  
Exogenous Shock ◽  
Content Type ◽  
Legal Implications ◽  
Managerial Implications ◽  
Monitoring And Surveillance ◽  
The Uk

Purpose The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular, the study focusses on organisational practices and outcomes relating to the monitoring and surveillance of employees. Drawing on relevant UK legislation and illustrative case law examples, the study demonstrates the challenges and legal implications associated with tele-homeworking. Design/methodology/approach This study is based on a review of the literature and an examination of the EU and UK laws applicable to various employer and employee concerns that stem from tele-homeworking. Findings Tele-homeworking can be advantageous to both employers and employees, however, there are a number of growing concerns surrounding the monitoring of such workers. Developing technologies can act as a catalyst for legal disputes and the advances in workforce monitoring and surveillance reveal the complex challenges faced by both employers and employees. The indiscriminate monitoring of staff can result in claims of violations to the privacy rights of workers, breach of contract and discrimination claims. Several policy implications associated with monitoring tele-homeworkers surface from the analysis, including the need to ensure that any proposed surveillance is legitimate, proportionate and transparent. Originality/value The paper is beneficial in providing legal insights into the topical and continuing complexities associated with the monitoring of tele-homeworkers. The exogenous shock of COVID-19 has demanded the reorganisation of work. The extensive and developing capabilities that employers have at their disposal to engage in employee monitoring, give rise to a greater possibility of legal challenges by workers. The study serves to draw attention to various surveillance concerns and highlights the importance of employers undertaking an evaluation of their monitoring practices and complying with the legal framework.

scholarly journals Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vandana Nath ◽  
Graeme Lockwood
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Policy Implications ◽  
Illustrative Case ◽  
Human Resource Managers ◽  
Content Type ◽  
Work Arrangements ◽  
Diversity And Inclusion ◽  
Resource Managers ◽  
The Uk

Purpose The purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship. Design/methodology/approach This study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace. Findings Remote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements. Originality/value The paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Online Marketing ◽  
Step Test ◽  
The European Union ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Managerial Implications ◽  
Data Protection Law ◽  
Legal Frameworks

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

“Give it a Try”: experiences of black, Asian and minority ethnic young men in a prison-based offender personality disorder service

2019 ◽  
Vol 21 (1) ◽  
pp. 14-26
Author(s):  
Stephanie Hunter ◽  
Eleanor Craig ◽  
Jake Shaw
Keyword(s):  
Personality Disorder ◽  
Thematic Analysis ◽  
Design Methodology ◽  
Policy Implications ◽  
Future Research ◽  
Content Type ◽  
The Uk ◽  
Minority Ethnic ◽  
Practical Implications ◽  
Insight Into

Purpose Within the current offender personality disorder (OPD) pathway in the UK, black, Asian and minority ethnic (BAME) populations are underrepresented. Fewer BAME offenders are engaging with services despite being proportionately identified for inclusion and referred on to the pathway. The paper aims to discuss this issue. Design/methodology/approach This qualitative study explored the experiences of 11 BAME men engaged in a prison-based OPD service for young offenders to identify the highlights and challenges of engagement within the service and to what extent they experienced a sense of inclusion/belonging. Findings Thematic analysis was used to identify three overarching themes and sub-themes. Why am I going to be an Outcast? describes the barriers to engagement encountered by the participants; and Give it a Try and Nothing but Respect describe the process of overcoming these barriers. Barriers revolved around the experiences of judgement, alienation and hopelessness. These were overcome through peer encouragement, developing relationships with staff and freedom to regulate levels of engagement. Practical implications Practice and policy implications are considered to support similar services in addressing the barriers to engagement faced by BAME individuals. Areas for future research are also recommended. Originality/value Currently, no research has directly explored the under-representation of young BAME offenders with emerging personality disorder in the OPD pathway. The findings provided an insight into some of the difficulties these young BAME offenders faced when accessing this service, alongside aspects which maintained their engagement.

scholarly journals Factors affecting the voluntary use of internal audit: evidence from the UK

2018 ◽  
Vol 33 (3) ◽  
pp. 288-317 ◽  
Author(s):  
Hazem Ramadan Ismael ◽  
Clare Roberts
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Internal Control ◽  
Audit Committee ◽  
Internal Audit ◽  
Theoretical Framework ◽  
Policy Implications ◽  
Content Type ◽  
Factors Affecting ◽  
The Uk

Purpose This study aims to identify the factors that lead non-financial companies listed in the UK to use an internal audit function (IAF) as a monitoring mechanism. Although the use of an IAF in the UK is voluntary, no prior research has examined the drivers for using one. Design/methodology/approach Financial and non-financial data were collected from the annual reports of 332 UK non-financial companies listed on the London Stock Exchange (LSE) Main Market. Univariate tests and multivariate logistic regression tests were used to test the research hypotheses. A theoretical framework based on both agency theory and transaction cost economics (TCE) theory was used to explain the economic factors affecting the use of an IAF. Findings The study provides evidence that firm size, level of internal risks, agency problem between owners and managers and existence of an effective audit committee are associated with the existence of an IAF. Thus, the need to have strong internal control and risk management systems and to reduce both internal and external agency costs drives companies to have an IAF. These results suggest the importance of IAF as an internal corporate governance tool and the effectiveness of UK governance regulations in monitoring the effectiveness of internal control systems. Practical implications Given the importance of the IAF’s corporate governance role, the study provides some policy implications. Regulators should pay more attention to the issue of maintaining an IAF, especially by large companies, the relationship between the IAF and other governance parties, especially the audit committee, and the disclosure of more relevant information about the IAF’s characteristics and practices. Originality/value This is the first study to examine the factors affecting the existence of the IAF within the UK’s distinctive regulatory approach of “comply or disclose reasons”. Furthermore, it provides a theoretical framework that explains how both the agency theory and TCE theory can interpret the adoption of internal audit.

Work‐life balancing strategies used by women managers in British “modern” universities

2007 ◽  
Vol 26 (1) ◽  
pp. 6-17 ◽  
Author(s):  
Diana Woodward
Keyword(s):  
Higher Education ◽  
Role Models ◽  
Women Managers ◽  
Working Hours ◽  
Work Life ◽  
Policy Implications ◽  
Content Type ◽  
Integrate Work ◽  
The Uk ◽  
The Impact

PurposeThe “work‐life balance” literature is mainly concerned with the provision and up‐take of flexible employment patterns. The purpose of this qualitative study of women managers' coping strategies for reconciling work with their other roles and responsibilities is to provide a complementary perspective.Design/methodology/approachSemi‐structured extended interviews were carried out with 16 women managers of academic or “support” departments in eight UK post‐1992 universities, about their working practices and how they sought to integrate work with other parts of their lives.FindingsThese women reported high workloads, requiring long working hours, which consumed time and energy otherwise available for other relationships and commitments and their own leisure. Various strategies were adopted to manage the situation, including establishing rigid boundaries between work and non‐work, and shifting these boundaries in favour of work when necessary. Temporal, spatial and symbolic distinctions were used to contain work. Women without dependent children were more likely to be able to redefine boundaries when necessary to favour work.Research limitations/implicationsAs a small and possibly unrepresentative sample of UK women managers in higher education, the study could usefully be extended through comparisons with male peers, and with women managers in other sectors. (It is the preliminary phase of a comparative study of women employed in universities in the UK and Japan.) However, the findings broadly replicate other studies.Practical implicationsThere are policy implications for universities, which need feedback from staff about the impact of equal opportunities initiatives to inform further progress.Originality/valueThis study provides qualitative information on women working in non‐traditional key posts in higher education, who are well‐placed to challenge organisational cultures and act as role models.

Modernising the regulation of health and social care professionals: the Law Commissions’ final report and draft Bill

2014 ◽  
Vol 16 (6) ◽  
pp. 411-420
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Social Care ◽  
Legal Framework ◽  
Final Report ◽  
Content Type ◽  
Health And Social Care ◽  
The Law ◽  
Draft Bill ◽  
The Uk

Purpose – The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals. Design/methodology/approach – To summarise the key recommendations that are relevant to adult safeguarding. Findings – The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals. Originality/value – The paper sets out the recommended new legal framework.

scholarly journals Playing hide-and-seek? A legal perspective on the complex distinction between commercial and editorial content in hybrid advertising formats

Info ◽  
2015 ◽  
Vol 17 (6) ◽  
pp. 19-34 ◽  
Author(s):  
Liesbeth Hellemans ◽  
Eva Lievens ◽  
Peggy Valcke
Keyword(s):  
Service Providers ◽  
Legal Framework ◽  
Television Advertising ◽  
Editorial Content ◽  
Market Strategy ◽  
Content Type ◽  
Communication Techniques ◽  
Legal Perspective ◽  
Regulatory Instruments ◽  
The Uk

Purpose – This paper aims to examine the challenges raised by hybrid advertising strategies for principles of identification and separation, included in various regulatory instruments, and the Audiovisual Media Services Directive (AVMSD) in particular. Design/methodology/approach – First, this paper describes two examples of hybrid (television) advertising formats, with a potential interconnection between editorial and commercial content, such as advertorials and commercial overlays. This section is followed by an analysis of the origins and key elements of the identification and separation principle. Next, the implementation in legislation of Belgium (Flanders region), The Netherlands and the UK, and decisions of media regulators in those countries are explored to assess how the principles are interpreted in practice. Finally, the authors identify the concrete challenges that these formats raise and frame those against the background of European policy developments. Findings – The analysis shows that the current interpretation of the identification and separation principles conflicts with the inherently integrated features of hybrid advertising formats, especially commercial overlays. To remedy this, the authors propose strengthening the identification principle, for instance, by developing cross-media labels and framing this within a co-regulatory framework where advertisers and media service providers take up their responsibility to respect fundamental principles and protect less cognitively skilled consumers, such as children. Originality/value – This paper aims to contribute to the current re-thinking of the legal framework with regard to new commercial communication techniques, convergence and public interest goals. This can be framed against the background of the revision of the AVMSD and the Digital Single Market Strategy.

The joys and sorrows of a start-up’s interactions with the public sphere: a case from medical technology

2019 ◽  
Vol 34 (1) ◽  
pp. 267-283 ◽  
Author(s):  
Sofia Wagrell ◽  
Enrico Baraldi
Keyword(s):  
Public Sphere ◽  
Large Scale ◽  
Health Care Policy ◽  
Policy Implications ◽  
Content Type ◽  
The Public ◽  
Development Partner ◽  
Start Up ◽  
Managerial Implications ◽  
The Public Sphere

Purpose This paper aims to address the crucial interactions that a start-up enacts with actors from the public sphere in a context of medical technologies. The public actor commonly plays multiple roles, ranging from co-developers and financiers to large-scale users, which are all pivotal to the development and survival of the new venture. The paper investigates the possible “dark sides” of a start-up’s marriage with a public partner, departing from three specific roles the public sphere can assume in relation to a start-up: as a development partner, as a financer and as a customer. Design/methodology/approach The study builds on an in-depth empirical case study of a Swedish med-tech startup company. Findings The authors find the financing role to be least problematic, whereas the customer role is the most problematic in that it provides numerous barriers to the possible development and growth of a start-up firm striving to get new customers in a public setting. Examples of the most prominent barriers found are regulations, complex decision-making processes and assessment elements of med-tech products that are outside the control of the startup firm, hence issues that cannot be handled within inter-organizational relationships. Originality/value The study builds on 27 in-depth interviews, which were undertaken during 2005-2013, thus contributing detailed data about a start-up’s many and crucial interactions with different public actors. Departing from three different roles, a public partner can adopt in relation to a start-up, (development, co-financer and customer) provides results with managerial implications for start-up’s and policy implications for health-care policy.

scholarly journals An assessment of employer liability for workplace stress

2017 ◽  
Vol 59 (2) ◽  
pp. 202-216 ◽  
Author(s):  
Graeme Lockwood ◽  
Claire Henderson ◽  
Stephen Stansfeld
Keyword(s):  
Management Practices ◽  
Individual Case ◽  
Legal Framework ◽  
Management Style ◽  
Workplace Stress ◽  
Significant Finding ◽  
Negative Consequences ◽  
Content Type ◽  
Employer Liability ◽  
The Uk

Purpose This study aims to examine workplace stress in a random sample of litigated cases heard in UK courts. The majority of claims related to clinical depression. The alleged causes of workplace stress most commonly cited in the litigation included excessive workload, followed by poor management practices; organisational, economic or technical changes; aggressive management style; and bullying by co-workers. Design/methodology/approach The term claimant is used to refer to the worker who made the original complaint of workplace stress, and the term defendant refers to the employing organisation defending the claim. In an attempt to establish the number and type of claims brought forward, the population of individual case records relating to workplace stress was accessed electronically from a variety of legal databases. Findings The presence of effective workplace stress management policies were important interventions that played a particularly significant role in avoiding legal action and reducing employees’ detrimental experiences. A significant finding was that 94 per cent of the cases were found in favour of the employer as the defendant, and the implications of this for managerial practice are suggested. This analysis of 75 cases between 1992-2014 will shed valuable light on the nature of workplace stress claims heard in the courts and the likelihood of the claimant employee’s success in such cases. Research limitations/implications Further work could be undertaken to examine the extent to which the legal framework could be regarded as encouraging a compensation culture and placing excessive burdens on employing organisations. This paper assesses the scope of liability for workplace stress through an analysis of some of the legal claims made and evaluates whether these sorts of fears are justified. Practical implications These court cases are real scenarios in which various organisations faced civil action arising from workplace stress claims. The main contribution that this research makes to the existing body of literature on the subject is to discern the different contexts that led to litigation in these cases. Social implications Researchers have reported on the negative consequences associated with workplace stress, both for individuals and organisations (Cooper and Marshall, 1976). It has been recognised that employers have a duty, which is in many cases enforceable by law, to ensure that employees do not become ill (Michie, 2002). The aim of this paper is to analyse the legal record on litigation since 1992 and discuss how the findings inform the wider literature. Originality/value Workplace stress claims have been described as the “next growth area” in claims for psychiatric illness (Mullany and Handford, 1997; Elvin, 2008; Horsey and Rackley, 2009). Hugh Collins stated “owing to the limitations of the statutory compensatory scheme in the UK […] private law has been used to expand the range of protection against illness […] in the workplace” (Collins, 2003). To understand how court decisions are changing, the development of this body of law needs to be traced (Ivancevich et al., 1985).

scholarly journals Tourism in the post(?) COVID-19 era: evidence from the hotel sector in the North East of England

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maria Zoi Spanaki ◽  
Andreas Papatheodorou ◽  
Nikolaos Pappas
Keyword(s):  
Business Practices ◽  
Structured Interviews ◽  
Content Type ◽  
North East ◽  
The North ◽  
Short Period ◽  
Managerial Implications ◽  
Hotel Sector ◽  
The Uk ◽  
Hotel Managers

Purpose This paper aims to examine developments in tourism during the COVID-19 pandemic using the hotel sector in the North-East of England as the area of study. The country has attracted a lot of attention not only because of its importance as a tourism destination but also due to its rather controversial management of the pandemic at least in its early stages. Design/methodology/approach Fifteen semi-structured interviews based on ten open-ended questions were conducted with North East of England-based hotel managers of international brands on the level of their hotels’ preparedness to effectively deal with pandemic cases. The interviews took place in August and September 2020 with participants kept anonymous. Findings Meeting new operational and bureaucratic requirements added to the cost structure and proved a major challenge for managers who saw their hotel occupancy rates and revenue collapsing within a short period of time. Innovative and aggressive pricing strategies were introduced to lure especially younger travelers in the absence of business clientele. Staff were made redundant and/or asked to work overtime making effective human resource management very difficult. Originality/value This is one of the first research attempts to highlight the importance of the COVID-19 pandemic for the hotel sector in a major region of the UK. The paper also attempts some generalization by discussing managerial implications and suggesting a possible way forward for the hotel sector. Developing resilience by building on previously used successful business practices proves of essence.

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