Benefits

Employers and employees alike may benefit from substituting part of the employee's wages with various forms of payment in kind. This is because a large employer may be able to use its bulk spending power to buy insurance or vehicles more cheaply than an individual. Also, the tax treatment of certain benefits in kind is more beneficial to the employee than of payments in cash. The employer may also choose to provide the employee with more generous rights than the statutory minimum, for example to offer a contractual benefit of more days of paid holiday entitlement than is required under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833.

Statutory paid holiday

Holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation and holiday entitlement is often perceived as a key benefit by many employees.

WTR 1998, SI 1998/1833 (which implements Directive 2003/88/EC, the Working Time Directive and so is assimilated law—see Practice Note: Assimilated law) provides workers with a statutory entitlement to paid holiday. The right is to a total of 5.6 weeks' annual leave each 'leave year', made

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Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

Information Law analysis: This claim relates to the scope of production and the application of the exemptions to production of personal data in responding fully to a subject access request. The Claimant, Thomas Cole (Cole), who was a student at the Defendant school, Marlborough College (the College), submitted a data subject access request (DSAR) under Article 15 of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) after he was removed from the school following his involvement in a physical altercation with another student. In this half-day case management hearing, Mr Justice Nicklin assessed whether the College was entitled to withhold, in whole or part, documents containing Cole’s personal data, rather than providing the material for inspection ahead of a two-day trial on the data protection claim expected to start in mid-2025. The court held that the College was entitled to withhold some documents (containing Cole’s personal data) on the grounds of the exemption in paragraph 16 of Schedule 2, Part 3 to the Data Protection Act 2018 (DPA 2018). In short, this exemption provides that a controller is not obliged to disclose information to a data subject where doing so involves disclosing information that relates to another individual who can be identified from that information, whether as the source of information or as the subject of such information. Written by Robyn Bond, associate at Ropes & Gray International LLP.

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