October 2012 #134 – Law Journals

Fiduciary Duties: Competing interests

A Court of Appeal ruling has added to confusion about whether it is acceptable for departing employees to prepare to enter into competition with their employer, argues Gary Freer In British Midland Tool Ltd v Midland International Tooling [2003], fiduciaries were said to be required to disclose any activity, actual or threatened, which damages the …

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Employment Status: Keeping it casual

Susie Al-Qassab considers the consequences of three recent decisions in the EAT on the mutuality of obligation test The fact that the claimants worked rostered hours to which they could object if they posed them a problem, did not preclude mutuality of obligation. To establish employee status and enjoy the rights and protections only available …

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Restraint Of Trade: Payback time

Michelle Last and Nicholas Robertson contemplate a recent High Court ruling on whether the deterrent effect of a repayment provision was so great that it prevented an employee from leaving the company It is logical that the greater the value of the potential repayment, the more likely it could be deemed to be a strong …

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Collective Redundancy: Quality not quantity

The government is proposing to cut the consultation period for large-scale redundancies to improve the standard of such consultations, report Oliver Brettle and Daniella Ebrahimoff ‘The obligation on employers to adhere to the minimum consultation periods can restrict employers’ ability to meet the varying demands of the business, which is often the reason why they …

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Executive Pay: New powers for shareholders

Matthew Howse and Celia Kendrick examine the impact of the government’s proposals to reform the law on the remuneration of directors in publicly listed companies Preparing for and complying with the new requirements is likely to cost affected companies heavily in terms of advisers’ fees and management time. In a speech to the House of …

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Employment Law Reform: Devil in the detail

Benedict Gorner analyses the government’s proposals to reduce unfair dismissal awards, introduce a code on settlement agreements and simplify the tribunal rules It is rare for a tribunal to award compensation of more than a year’s pay and in fact the median award for unfair dismissal in 2011/2012 was only £4,560. On 14 September, the …

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Tribunal Fees: Fair way to share costs or breach of human rights?

Adrian Martin discusses whether the introduction of tribunal fees could be a breach of the right to a fair trial under the European Convention of Human Rights The government maintains its position that the remission system would be suitable to protect access to justice for those who cannot afford to pay the fees. In recent …

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