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The courts take a markedly different approach to enforcing covenants in sale-and-purchase and investor agreements compared to those in employment contracts, reports Sam Whitaker ‘Generally, the courts treat restrictive covenants in sale-and-purchase agreements (SPAs) more favourably than those in employment contracts. This is because they assume the parties have equal bargaining power.’ Restrictive covenants in …
Continue reading "Restrictive Covenants: Spot the difference – restrictions in sale and shareholder agreements"
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Colin Godfrey and Michael Chattle share their tips on how to manage the competing rights to privacy of employees who bring a grievance, colleagues they make an allegation against and witnesses ‘When the employer decides that someone needs to know about a grievance, it should carefully consider how much detail that person needs to know.’ …
Continue reading "Grievances: Confidentiality issues in workplace investigations"
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Clare Gregory rounds up recent case law and developments affecting employers and their advisers ‘The Employment Appeal Tribunal has held that payment for voluntary overtime that is normally worked is within the concept of “normal remuneration”.’ Brexit’s impact on EU nationals living in the UK After many months of speculation about the government’s proposals for …
Continue reading "Legal News: Employment update"
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Richard Fox examines the practical and political issues arising from the Supreme Court’s momentous decision that charging claimants to bring an employment tribunal complaint is unlawful ‘The government will now need to take stock and reconsider its position. In some ways, it is remarkable that it chose not to bow to the tide of criticism …
Continue reading "Employment Tribunal Fees: What took them so long?"
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Tim Leaver, Paul Young and Jemima Coleman summarise the key findings of the Taylor review and analyse its impact in the context of recent case law ‘There appears to be a focus on revenue generation for the Treasury and insufficient consideration of whether the proposals will unduly affect the feasibility of the gig model.’ After …
Continue reading "Gig Economy: The Taylor review – a missed opportunity?"
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Phil Allen looks at a recent Court of Appeal decision and why it means there will be increases to discrimination awards in employment tribunals ‘While the largest component of most discrimination awards will remain the (uncapped) lost earnings, the increase in injury to feelings figures will mean that the employer’s potential exposure and the cost …
Continue reading "Injury To Feelings: Court of Appeal rules that employment tribunals should increase discrimination awards"
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Pension schemes which restrict benefits for same-sex spouses and civil partners will need to be changed as a recent ruling means they no longer comply with UK law, reports Fudia Smartt ‘Failing to give Mr Walker’s husband an entitlement to a survivor’s pension for all of the claimant’s service would clearly be sexual orientation discrimination …
Continue reading "Sexual Orientation Discrimination: Supreme Court decides on survivor pension rights for same-sex partners"
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The Court of Appeal has failed to resolve uncertainty over whether a complaint about a breach of a worker’s own employment contract can amount to a protected disclosure, explain Christopher Fisher and Tanem Taskin ‘To be protected by the whistleblowing legislation, a worker must have made a protected disclosure.’ In Chesterton Global Ltd v Nurmohamed …
Continue reading "Whistleblowing: When are claims in the public interest?"
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Anthony Fincham and Rachel Easter consider the employment rights of interns, work experience students and temporary workers providing holiday cover or support during busy periods ‘Most temporary staff engaged through an agency will have certain rights under the Agency Workers Regulations 2010 from day one of their placement, which are the responsibility of the hirer.’ …
Continue reading "Temporary Work: Employers’ duties to seasonal and student workers"
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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 …
Continue reading "Legal News: Employment update"
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