July/August 2017 #182 – Law Journals

Legal News: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘The tribunal asked the correct question, which was whether the employee’s absence, which arose in consequence of his disability, was an effective cause of the decision to dismiss.’ Limits to discrimination ‘arising from’ a disability Under s15 of the Equality Act …

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Exiting The EU: The flaw in the Brexit white paper

The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …

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Shared Parental Leave: Dads paid less for bringing up a baby – is direct discrimination the answer?

Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers ‘It may be possible to argue that a failure to pay enhanced rates of pay is both direct and indirect discrimination.’ We have come a long way since maternity leave was first introduced by the …

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Confidential Information: Lessons from a failed injunction

A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott ‘It is not possible for an employer to impose a covenant just because it does not want an ex-employee to compete with it.’In Capita plc v Darch …

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Strike Pay: All in a day’s work

Phil Allen and Louise Singh look at the implications of a recent Supreme Court decision on how much pay to deduct when employees go on strike for a day ‘The judgment is clear in holding that contracts of employment can set out the days over which salary accrues and such a clause will override the …

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Territorial Jurisdiction: Location, location, location

Emma Naughton examines two recent cases on the tricky issue of which country’s courts have jurisdiction to hear an international worker’s employment claims ‘The tribunal had not afforded enough weight to the documented fact that both Mr Green and SIG had agreed that his contract should be governed by English law.’As the workforce continues to …

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Holiday Pay: Will it never stop?

Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses ‘Employers must provide adequate facilities to allow workers to exercise their right to take paid annual leave.’As employers and their advisers will be aware, there has been a series of far-reaching legal developments …

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