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  1. London accountant prosecuted for data protection offences

    The Information Commissioner’s Office (ICO) has successfully prosecuted a London accountant for offences under the Data Protection Act. Aziz Arian of Arian & Co Accountants was fined £400 and ordered to pay costs of £518.40, plus a victims’ surcharge of £15 at London City Magistrates Court. Arian must pay a total of £933.40 in fines and costs. The prosecution follows Arian’s failu...

    Case | 5 Aug 2008

  2. Accountant prosecuted for data protection offences

    The Information Commissioner’s Office (ICO) has successfully prosecuted a Bolton accountancy firm for offences under the Data Protection Act. Azhar Saleem of Saleem and Co Accountants was fined £300 and ordered to pay costs of £428.50, plus a victims’ surcharge of £15 at Bolton Magistrates’ Court. Mr Saleem must pay a total of £743.50 in fines and costs. The prosecution follows Mr Saleem’s failure to notify as a data controller despite repeated reminders from the ICO ...

    Case | 1 Apr 2008

  3. Carphone Warehouse reprimanded for data protection breaches

    The Information Commissioner's Office (ICO) has found Carphone Warehouse, and its sister company TalkTalk, in breach of the Data Protection Act after investigating complaints concerning the way in which both organisations processed and stored personal information. The ICO has now ordered Carphone Warehouse a...

    News | 17 Jan 2008

  4. Protecting your employees’ data

    ...sessment given these highly portable data devices (memory sticks, CDs, DVDs, even mobile telephones and Blackberries) represent a complete range of potential risks in themselves. I think IT security has not traditionally taken those sorts of devices properly into account." Is it the company that is prosecuted for data protection offences, or is it individuals? "Is it usually the custodian of the data, and that will be the organisation that is a party to the Data Protection Act. Normally, two people may be responsible ­ the company itself (which is the custodian of the data) and the person who misuses t...

    News analysis | 23 Jan 2008

  5. Crackdown on non-compliance with data protection law

    Recruitment businesses that have not registered with the Information Commissioner’s Office (IOC) are facing a crackdown which could lead to prosecution or a fine of around £2000, it was announced this week. The ICO says that it “will not hesitate to take further action” against those recruitment businesses which have decided to “flout the law in t...

    News | 28 Jun 2007

  6. ‘Bogus’ data protection agency prosecuted

    The Information Commissioner's Office (ICO) has successfully prosecuted an agency which was fraudulently trading as a data protection service. The ICO regulates and enforces the Data Protection Act, the Freedom of Information Act, the Privacy and Electronic Communications Regulations and the Environmental Information Regulations. Highpoint Accounting and Consulta...

    Case | 12 Apr 2006

  7. “It was an accident waiting to happen”: what to learn from the HMRC debacle

    ...sessment given these highly portable data devices (memory sticks, CDs, DVDs, even mobile telephones and Blackberries) represent a complete range of potential risks in themselves. I think IT security has not traditionally taken those sorts of devices properly into account." Is it the company that is prosecuted for data protection offences, or is it individuals? "Is it usually the custodian of the data, and that will be the organisation that is a party to the Data Protection Act. Normally, two people may be responsible ­ the company itself (which is the custodian of the data) and the person who misuses t...

    News analysis | 28 Nov 2007

  8. Grinding to a halt: Why Government policy risks bringing business to a standstill

    ...plying the Burchell test. 15 COMMENT Women who are pregnant are often discriminated against, despite legislation to protect them, says Baroness Margaret Prosser of Battersea OBE, Equality and Human Rights Commission. 08 CASE LAW Three firms fined £75,500 for packaging offences; construction firm prosecuted for blacklisting; and £300,000 fine for radiation breach. 24­27 January 2011, London 21­24 February 2011, London 7­10 March 2011, Cambridge 21­24 March 2011, London 27 ThE FULL FORCE OF ThE LAW The Environment Agency in England and Wales will start using new civil sanctions for environmental...

    Magazine issue | 4 Jan 2011

  9. Open for Business

    ... been fined £130,000 after a worker was killed when a 1,100-litre recycling bin fell on his head. David Ives, an employee of Veolia ES (UK) Ltd, was collecting refuse outside a pub when a recycling bin fell from the bin hoist on the recycling lorry and landed on Mr Ives' head, killing him. The HSE prosecuted and found the company guilty of breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £130,000 and ordered to pay costs of £220,000. Richard Berry, Executive Director of Veolia Environmental Services, said: "No workplace accident is acceptable. Bot...

    Magazine issue | 4 May 2010

  10. Licence to… protect your workplace?

    ...n of the act against individuals. Elizabeth Brownsdon, a solicitor with Bird & Bird specialising in IT, comments: "There have been quite a lot of prosecutions brought under Section 55. And in fact that's where most of the IOC's prosecutions are brought now." In fact, in 2004/05 the ICO successfully prosecuted 12 cases under the Data Protection Act involving Section 55 (covering misuse of company data). This compares with just ten successful prosecutions in 2003/04. The cases for 2004/05 involved individual fines ranging from £100 to £3,150 or conditional discharges. The Employment Practices Code is a ...

    Magazine issue | 1 Jun 2006

  11. Religious beliefs: should employers cater for all faiths?

    ... using a mobile while driving -- crashed their car and hurt an innocent pedestrian. Driving with a hand-held mobile phone at that time was not illegal as such, but of course that catch-all offence of `dangerous driving' did apply. So it was likely that the driver, at least, could be found guilty if prosecuted by the police. And the driver would potentially be open to a civil claim by the injured person for compensation as a result of his negligence. But what about the employer? Just as Marty Cooper's parents might enjoy vicariously their son's achievements, could the employer in this case be found to be...

    Magazine issue | 1 May 2005

  12. Directors' responsibilities for health and safety

    ... because the position of director automatically exposes individuals to numerous risks. But, says Shepherd, `directors should not be exposed to greater risk of prosecution merely because of the post that they hold... It should remain a possibility, and not an automatic requirement, that directors be prosecuted when the company that they direct breaches health and safety law.' David Bergman of the Centre for Corporate Accountability (CCA) is of the opinion that we should not make a mountain out of the molehill of directors' responsibilities for health and safety. He says expectations placed on directors a...

    Magazine issue | 1 Feb 2005

  13. The year of living dangerously

    ...rugge ferry disaster in 1987. Victims, and organisations like the TUC, have repeatedly insisted that more directors and senior managers must face custodial sentences for health and safety offences, and that more companies must be heavily fined. The fact no mediumor large-sized company has ever been prosecuted for manslaughter ­ nor any director or senior manager of such a company ­ is often pointed to. The latest case to attract this kind of concern, as has been widely reported, is the trial of Network Rail, 8 workplacelaw Workplace Law Magazine talked to four members of Health and Safety Lawyers' ...

    Magazine issue | 1 Dec 2005

  14. It’s a WRAP

    ...7 Health and safety update | Case law health and safety case law Implications of the latest health and safety case law for employers ... Cement firm fined £200,000 after explosion death A multinational cement firm has been fined £200,000 following the death of a worker in an explosion. The HSE prosecuted CEMEX UK Operations Ltd, which makes cement and building products for the construction industry, after the death of Peter Reynolds on 15 January 2008. The force of the explosion was so great that it blew Mr Reynolds out through the side of the building on to the road ten metres below. Mr Reynolds w...

    Magazine issue | 2 Nov 2011

  15. The Social Network – 12 years of the Workplace Law Conference

    ...ed in landmark gas emissions ruling A UK waste management company has been fined £28,169 following a landmark prosecution for gas emissions. Waste Recycling Group (WRG) Central Ltd pleaded guilty to two offences under the Environmental Permitting Regulations 2007. This is the first time the EA has prosecuted a landfill company for gas emissions.WRG was responsible for a landfill site that was used to dispose of waste from local households and businesses. The landfill site had not been in use since 2004 and was covered with a clay cap to completely bury and contain the waste. Chris Young, EA Pollution P...

    Magazine issue | 1 Mar 2011

  16. Sweeping changes

    ...safety case law Implications of the latest health and safety case law for employers ... NHS Trust fined £75,000 after drug mix-up led to patient's death An NHS Trust has been fined after a mother who had just given birth died when she was given the wrong drug. Great Western Hospitals NHS Trust was prosecuted by the HSE after Mayra Cabrera died in hospital when she was wrongly given an epidural drug in her arm instead of a saline solution. Investigations by the HSE and Wiltshire Police showed that the two drugs were stored in the same racking system, despite having almost identical packaging. Bristol Cr...

    Magazine issue | 1 Jul 2010

  17. Dealing with bogus claimants

    ...uirements when preparing its new London office. teChniCaL 38 THE DATA HSE: In 2008/09 falls from height accounted for 35 fatal accidents at work and around 4,700 major injuries. They remain the single biggest cause of workplace deaths and one of the main causes of major injury. EAT: An experienced accountant, aged 50, who applied for jobs aimed at newly qualified accountants, and when not offered an interview alleged age discrimination, had her claims dismissed on the basis emPLoyment uPdate 13 NEWS Workplace grievances predicted to rise this year; and smokefree legislation could extend to workplace e...

    Magazine issue | 1 Mar 2010

  18. The world in your hands?

    ...ealth and safety case law for employers ... high street retailer receives record fine following blaze The retailer New Look has been fined £400,000 and ordered to pay £136,052 in costs after pleading guilty to serious breaches of the Regulatory Reform (Fire Safety) Order 2005. London Fire Brigade prosecuted New Look following a serious fire in April 2007. Thirty fire engines and around 150 firefighters were needed to tackle the blaze. A delay in contacting the Fire Brigade meant that when crews arrived the fire had already developed significantly. Despite the building's fire alarm sounding, it was res...

    Magazine issue | 8 Jan 2010

  19. The Diversity Dilemma

    ...hEALTh AND sAfETY NEWs Go to ... www.workplacelaw.net/news/news www.workplacelaw.net 7 Health and safety update| Case law health and safety case law Implications of the latest health and safety case law for employers ... Firms fined over "worst case of asbestos exposure" Two companies have been prosecuted after workers and members of the public were exposed to unacceptable levels of asbestos during a removal project. On 29 November 2005, Noble Gift Packaging Ltd contracted A & T Roofing Ltd to remove the roof from a building. The roof was lined with 3,000 square metres of asbestos insulating board t...

    Magazine issue | 2 Nov 2009

  20. Changes to Workplace Law Magazine

    workplacelaw The exclusive magazine for premium members of the Workplace Law Network New legislation But equal treatment for all? New Look MaGaziNe SEPT/OCT 2009 Issue 50 God's green earth Partner profile Meet Chris Hoar, DG at the Facilities Management Association. Body of evidence How PHS Datashred helps the NHS dispose of its conf...

    Magazine issue | 1 Sep 2009

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