Articles & Blogs

Upcoming Legislation - Trade Union and Enterprise Acts

Friday, 13 May 2016

On 4 May 2016, the Trade Union Bill and the Enterprise Bill both received Royal Assent and became the Trade Union Act 2016 and the Enterprise Act 2016, respectively.

Articles & Blogs Employment

An Employee's Willingness to Negotiate a Managed Exit will not Prevent a Claim for Constructive Dismissal

Friday, 13 May 2016

The High Court has upheld an employee's claim for constructive dismissal and found that his willingness to negotiate a suitable termination package did not prevent his employer's conduct from being a repudiatory breach of his contract of employment.

Articles & Blogs Employment

Only Loose Causal Link Needed in Discrimination Arising from Disability Claim

Friday, 13 May 2016

The Employment Appeal Tribunal has found that there only needs to be a loose causal connection between an employee's conduct and their disability for a discrimination arising from disability claim to be established.

Articles & Blogs Employment

Connected Employers will be Allowed to Share Apprenticeship Levy Allowance

Friday, 13 May 2016

The government has announced an amendment to the Finance Act 2016 to allow connected employers to share their £15,000 apprenticeship levy allowance.

Articles & Blogs Employment

The High Court Considers Implied Terms and Penalty Clauses

Thursday, 05 May 2016

In Hayfin Opal Luxco 3 SARL & another v Windermere VII Cmbs Plc & others, the High Court dealt with implied terms and penalty clauses.

Articles & Blogs Employment

Government to Investigate Non-Compete Clauses

Thursday, 05 May 2016

The government has announced plans to investigate employment rules that could be 'stifling small businesses and entrepreneurship'.

Articles & Blogs Employment

Did an Employee have a Reasonable Expectation of Privacy in Malicious Emails sent to a Work Colleague?

Thursday, 05 May 2016

No, said the Employment Appeal Tribunal (EAT) in Garamukanwa v Solent NHS Trust.

Articles & Blogs Employment

Uncaring Comments about Disability can Amount to Discrimination

Friday, 29 April 2016

An employment tribunal has held that telling an employee with depression that “everyone gets depressed sometimes, you just have to pull yourself together” amounted to discrimination arising from disability.

Articles & Blogs Employment

Regulation of Recruitment Agencies and Overseas Recruitment Comes in to Force

Friday, 29 April 2016

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016, have been published and are due to come into force on 8 May 2016.

Articles & Blogs Employment

Government Scraps Prohibition on 'Check-off'

Friday, 29 April 2016

On 19 April 2016, the Trade Union Bill (the Bill) had its report stage debate in the House of Lords.

Articles & Blogs Employment

A Cautionary Tale for Contractual Staff Handbooks

Friday, 29 April 2016

A recent Court of Appeal decision highlights the limitations of contractual staff handbooks for employers.

Articles & Blogs Employment

Court of Appeal Widens Scope for Damages in Restrictive Covenant Claims

Friday, 22 April 2016

In Morris-Garner and another v One Step (Support) Ltd, the Court of Appeal has upheld a 'Wrotham Park damages' award in a claim for breach of confidentiality and non-compete and non-solicitation covenants.

Articles & Blogs Employment

European Parliament Approves General Data Protection Regulation

Friday, 22 April 2016

The European Parliament has finally approved a new General Data Protection Regulation, after more than three years of work overhauling the EU's data protection rules.

Articles & Blogs Employment

Court Finds Former Warship Captain had no Reasonable Expectation of Privacy

Friday, 22 April 2016

Axon v Ministry of Defence (MOD) and News Group Newspapers Ltd (NGN)

Articles & Blogs Employment

Restrictive Covenants - Get them Right First Time and Keep them Updated

Friday, 08 April 2016

The High Court has rejected the reasonableness of a post-termination restrictive covenant, highlighting to employers the need to reconsider the nature and scope of restrictions when employees are promoted.

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