Restrictive Covenants: Keeping up with the Clarksons

Shoosmiths LLP | October 2015 #164
Following the news that a loophole in the Top Gear presenters’ contracts is enabling them to front a rival show on an online TV service, Alex Newborough looks at how businesses can guard themselves against competition from exiting employees ‘All employees have implied duties of good faith and fidelity. In addition, directors and some very …

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TUPE: Pass the parcel

Hogan Lovells | October 2015 #164
A service provider that inherited an employee on long-term sick leave following a transfer was unable to move him on when it later lost the contract to another provider. Matthew Towers and Emily Skinner investigate ‘An individual’s assignment to a grouping under reg 4 requires some level of participation in the activities – which seems …

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Termination Payments: Closing the revolving door

Gowling WLG | October 2015 #164
Hannah Beacham analyses the government’s proposals to recover and cap public sector exit payments, including the impact on contractors ‘These new regulations will sit alongside existing provisions for local government, which provide for repayment of certain termination payments if a recipient is re-employed within four weeks of finishing their previous role.’In the wake of some …

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Working Time: A moving target

Irwin Mitchell LLP | October 2015 #164
An ECJ ruling means that travelling to and from work may now count as working time, reports Glenn Hayes ‘As things stand, travel time does not necessarily have to be paid at the worker’s usual rate and it may be possible to pay less than the national minimum wage or nothing.’ The European Court of …

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Low Pay: Wage concern

Weightmans LLP | October 2015 #164
Stuart Jones and Louise Singh discuss the potential impact of the national living wage ‘It appears that the new NLW will apply to all categories of individual who are eligible to receive the national minimum wage (provided they are aged over 25).’As part of the Financial Statement (or ‘Summer Budget’) in July 2015, the Chancellor …

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Tribunal Fees: The saga continues

Pinsent Masons | October 2015 #164
Uncertainty surrounds the future of the employment tribunal fee regime, writes Diane Nicol ‘The Employment Tribunal Fees Order was introduced to transfer some financial responsibility for the operation of the employment tribunal system from the taxpayer to the user, encourage alternative dispute resolution and improve the system’s effectiveness and efficiency.’The long-running saga around the introduction …

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Redundancy Consultation: Collective confusion

CMS | October 2015 #164
Sarah Ozanne examines the vexed question of when the duty to consult in collective redundancy situations arises ‘TULRCA states that consultation should commence when an employer is “proposing” to make collective redundancies, whereas the directive from which it stems refers to situations where an employer is “contemplating” collective redundancies.’ Due to the economic downturn, collective …

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