Two observations on David's list:
1) The employer is not a public authority for these purposes, but a tribunal
or court in considering any dispute will have to have regard to Article 8 of
the Human Rights Act (Art 8.1 "Everyone is entitled to respect for his ...
correspondence") in interpreting the applicable law.
2) >Im advised by in-house lawyer that Employment contracts are Consumer
contracts. Therefore the Unfair Terms in Consumer Contracts Act would apply.
I think this is almost certainly mistaken (he said boldly). Although the
possibility is being explored by some employment lawyers, it is not clear
whether the single case which found that it did was correctly decided - the
employee lost so the employer did not take the principle to the Court of
Appeal or House of Lords. There might also be a distinction between the
position in the Unfair Contract Terms Act 1977 and the Unfair Terms in
Consumer Contracts Regulations 1999. I don't really see why the IC needs
this legislation to challenge terms or policies "which would be in Breach of
DPA principles" anyway - if there's a clear breach of the DPA, why go
chasing after a tenuous argument based on UCTA?
Paul
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