April 2022 #229 – Law Journals

Legal news: Employment update

Leah Aschettino rounds up recent developments affecting employers and their advisers Non-compete clauses must be no wider than reasonably necessary to protect the employer’s legitimate business interests. Tribunal wrongly considered discrimination which occurred after dismissal decision Citizens Advice Merton and Lambeth Ltd v Mefful [2022] is a long-running piece of employment litigation involving allegations of …

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Employment status: Who is a worker, when and why?

Ed Livingstone and Kimberly Dennis give a summary of recent cases on worker status An ability for the individual to substitute another person to carry out their duties under the contract will be highly persuasive when arguing that they are not a worker, so long as it is a genuine right and not merely theoretical. …

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Confidential information: Possession is not nine tenths of the law

A recent case has highlighted the effectiveness of express provisions in protecting confidential documents retained by departing employees to use in subsequent litigation. Innes Clark reports It is essential that employers include a confidential information clause in their contracts, which should be properly drafted to meet the particular needs of the business. The change from …

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Covid-19: Has the serious and imminent danger from the pandemic passed?

David Jepps considers the implications for employers of the scrapping of self-isolation rules and free Covid testing The way forward for many employers will be to strike a balance between discouraging the spread of Covid in the workplace and efficiently running a business. On 24 February 2022, all self-isolation requirements in England ended. In announcing …

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Diversity and inclusion: Encouraging social mobility in the workplace

Following publication of the government’s ‘levelling up’ strategy, Rob Lewis, Becca Jones and Cat Maguire look at employers’ role in opening up professional jobs to people from all backgrounds As things stand, there is little in English law which promotes social mobility and there is no protection for people who suffer discrimination related to their …

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Sex discrimination: Going beyond the rhetoric

In light of recent bad publicity engulfing Channel 4 and BNP Paribas, Michelle Chance, Mark Rose and Alfie Bright give their tips for dealing with sex discrimination and pay inequality Employers should regularly review whether disparate outcomes occur at various stages of the HR process which may be due to employees’ or candidates’ protected characteristics. …

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Demystifying employment contracts: Understand the essentials

In the first part of a new series, Nick Hawkins explains the key legal principles that govern contracts of employment A term might be implied if it is the usual custom and practice to include such a term in contracts of that particular kind. This might be the case if a term is regularly adopted …

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