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Saturday, October 10, 2026

HRizon employment law newsletter - June 2022 - Lexology

Welcome to our June HRizon employment law newsletter. We consider when ‘without prejudice’ settlement offers can be admitted into evidence, how to ensure hybrid working is effective, and new rules regarding the signing of ‘fit notes’ and apprenticeship funding. We also highlight other recent employment law cases and HR news from the last month.

In the European Court of Justice (ECJ):

Data protection: does the data subject’s right of access extend to identification of specific recipients with whom their personal data has been shared/disclosed?

Data subjects have a number of specific rights under the UK GDPR, including the right to obtain information about ‘the recipients or categories of recipient’ to whom their personal data have been, or will be, disclosed (article 15(1)(c)). There is currently a pending application before the ECJ, which seeks to clarify the scope and extent of this right of access. Read more

In the Employment Appeal Tribunal (EAT):

When should correspondence sent ‘without prejudice’ be admitted into evidence?

Employment disputes should, wherever possible, be settled without recourse to the courts and tribunals. To encourage settlement most claims are subject to mandatory pre-claim early conciliation, and the parties may voluntarily enter into protected conversations or ‘without prejudice’ settlement discussions/correspondence. Any without prejudice correspondence is generally not admissible in evidence, but there is an exception to this rule where there...



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