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