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An employee who joined a rival firm was not entitled to claim benefits designed to secure his loyalty, reports Gary Freer The decision on the relevance of the penalty doctrine to the compromise agreement will come as a relief to employers in the financial services sector in particular. The High Court has rejected an attempt …
Continue reading "Compromise Agreements: No bonus for banker in breach of contract"
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Alice Giner examines the implications of two recent High Court cases on whether employers could rely on business protection provisions in contracts that had not been updated properly The High Court held, reaffirming the existing law, that the reasonableness of the restriction should be established based on the circumstances at the time at which the …
Continue reading "Restrictive Covenants: Make sure contracts are signed, sealed, delivered"
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Oliver Spratt compares the enforceability of post-termination restrictions in the UK, Europe and the US Probably the most fundamental difference between the jurisdictions covered in this article is whether compensation has to be provided to employees before restrictions will be enforceable.It has become increasingly common for multinational companies to try to implement employment policies that …
Continue reading "Non-Competition Covenants: Can one size ever fit all?"
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Ed Bowyer and Helena Davies look ahead to what the new year holds for employers and their advisers In October 2012 the government published draft regulations on directors’ reporting which will require quoted companies to produce a strategic review as part of their annual report.For those trying to keep up to speed with legislative developments …
Continue reading "Employment Law Reform: Unlucky for some (or all): 13 predictions for 2013"
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Jemima Coleman and David Smail consider the key findings of the government’s response to its ‘Modern Workplaces’ consultation and highlight potential practical difficulties The flexible working proposals may benefit business by enabling better retention of experienced and skilled female talent in the workplace. On 13 November 2012, the government published its long-awaited response to its …
Continue reading "Flexible Working: Increasing choice for parents"
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Restrictions in employment contracts are failing to keep pace with the rise of social media and ‘bring your own device’, warns Adam Hartley A key aspect of lawful monitoring is to ensure that employees are aware of the methods and extent of the monitoring.Confidential information is often one of the most valuable but overlooked business …
Continue reading "Confidential Information: Trends and tactics for today’s employer"
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Charles Wynn-Evans reports on some recent decisions on costs awards in the employment tribunal Under Rule 41(2), the tribunal is entitled, when deciding how to exercise its discretion to make a costs order, to take into account the relevant party’s ability to pay. The employment tribunal has the power to make a variety of orders …
Continue reading "Costs Awards: A review of recent case law"
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David Ashmore reviews areas of employment law where an employer faces criminal liability for non-compliance with its legal obligations Besides the risk of criminal liability, an employer who flouts the requirement to pay the national minimum wage also risks being named and shamed by the Department for Business, Innovation and Skills. It is rare for …
Continue reading "Criminal Sanctions: Uncivil liability"
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The European Court of Human Rights has held that the UK must protect employees from dismissal on grounds of political affiliation or beliefs, write Liam Kerr and Abbie McCreath If political affiliation was a protected characteristic and Mr Redfearn’s dismissal was because of his philosophical belief or political affiliation, it would not be possible for …
Continue reading "Discrimination: UK must change law on political beliefs"
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Graeme Nuttall and Richard Kenyon analyse the government’s plan for employees to give up certain employment rights in return for shares in the company for which they work The risk of dismissal without remedy, coupled with the opportunity to benefit from an increase in share value, becomes doubly performance motivating. In his party conference speech, …
Continue reading "Shares For Rights: It’s employee ownership, chancellor, but not as we know it"
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