It’s been all systems go in the second half of January. As the Employment Rights Bill completed its committee stage, the government (finally) confirmed that neonatal care leave and pay will come into force in April. EAT...more
The Court of Appeal in England and Wales decided that an employer was entitled to dismiss and offer to re-engage employees on new terms in order to remove pay protection it had originally referred to as “permanent”. The...more
Too little, too late - employer could not cure fundamental breach - If an employer commits a repudiatory breach of contract, an employee is entitled to accept the breach by resigning. They can then claim unfair constructive...more
See no evil – new employer breached equitable duty of confidence - In Travel Counsellors Ltd v Trailfinders Ltd, the Court of Appeal upheld a decision that Travel Counsellors was in breach of an equitable duty of confidence...more
One size doesn’t fit all – non-compete unreasonable and void -
In Quilter Private Client Advisers v Falconer the High Court found that a nine month non-compete covenant was in restraint of trade and void. The case is a...more
Turning a blind eye – one-off act not a PCP -
In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
2/26/2020
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grievance Process ,
Gross Misconduct ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
New Guidance ,
Non-Disclosure Agreement ,
Return-to-Work Agreements ,
UK ,
Unfair Dismissal
Further developments in relation to harassment -
The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more
11/5/2019
/ Appeals ,
Appeals Tribunals ,
Confidentiality Agreements ,
Copyright ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
International Labor Laws ,
Inventions ,
Inventors ,
Ownership of Works ,
Sexual Harassment ,
UK
Something old – government responds to two consultations -
The government has outlined its proposals for regulating confidentiality clauses in the context of discrimination and harassment claims, and on extending...more
7/29/2019
/ Confidentiality Policies ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Flexible Work Arrangements ,
International Labor Laws ,
Labor Regulations ,
Parental Leave ,
Pregnancy Discrimination ,
UK ,
Wage and Hour
Cut it out! Covenant severed to make it enforceable -
In Tillman v Egon Zehnder Ltd the Supreme Court revisited the question of when it is possible to sever words from a restrictive covenant to make it enforceable, taking...more
7/15/2019
/ #MeToo ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
International Labor Laws ,
Labor Regulations ,
Race Discrimination ,
Restrictive Covenants ,
Sexual Harassment ,
UK
No handbrake turns – holiday pay included voluntary overtime pay -
The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
6/17/2019
/ Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Holiday Pay ,
International Labor Laws ,
Non-Disclosure Agreement ,
Over-Time ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Wage and Hour
It's no secret – government planning to regulate NDAs -
The government has published a consultation paper containing proposals to limit the use of NDAs in relation to workplace harassment or discrimination claims....more
Informed choice – choosing English law relevant to jurisdiction -
In The British Council v Jeffery and Green v SIG Trading Ltd the Court of Appeal confirmed that choosing English law to govern an employment contract is a...more
11/12/2018
/ Adverse Employment Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gross Negligence ,
Hiring & Firing ,
International Labor Laws ,
Jurisdiction ,
Payroll Periods ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Weekly newsletter on employment matters.
In this weeks issue:
- Small steps – government response to the Taylor Review.
- That hurts. Working time detriment could lead to injury to feelings award.
- It's not...more
2/12/2018
/ Age Discrimination ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Pension Schemes ,
Proposed Legislation ,
Public Sector ,
Retirement Plan ,
Sick Leave ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
In this weeks issue:
- Employer vicariously liable for employee's data breach
- Time and time again - no implied right to bonus through custom and practice
- Making progress - gender pay gap toolkit...more
Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it -
According to the preliminary Opinion of the European Court in The Sash...more
6/12/2017
/ Adverse Employment Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
Hiring & Firing ,
Non-Compete Agreements ,
Paid Leave ,
Restrictive Covenants ,
UK ,
Wage and Hour