Employment Law Brief

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.

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.

Articles & Blogs Employment

National Minimum (and Living) Wage - Updated Guidance

Friday, 08 April 2016

The Department of Business, Innovation and Skills (BIS) has updated its guidance on calculating the National Minimum Wage.

Articles & Blogs Employment

Notice Payments - Earnings or Damages?

Friday, 08 April 2016

The First Tier Tribunal has confirmed that, where a payment is described as a 'payment in lieu of notice' it can be properly taxed as damages, rather than earnings, where there is no contractual right...

Articles & Blogs Employment

Whistleblowing - Can a Complaint About Cramped Working Conditions be in the Public Interest?

Thursday, 31 March 2016

Morgan v Royal Mencap Society,

Articles & Blogs Employment

Can Making an 'Allegation' Amount to Whistleblowing?

Thursday, 31 March 2016

In the recent case of Kilraine v London Borough of Wandsworth, the Employment Appeal Tribunal (EAT) has confirmed that an 'allegation' can qualify for protection under the whistleblowing legislation, updating guidance provided in 2010.

Articles & Blogs Employment

Addressing Concerns with an Employee on Sickness Absence

Thursday, 31 March 2016

It is not infrequent that an employer's concerns about an employee's conduct or performance will overlap with a period of sickness absence.

Articles & Blogs Employment

National Minimum Wage - Increases for Certain Groups

Thursday, 24 March 2016

The government has announced that from 1 October 2016, National Minimum Wage rates are to be increased for certain groups.

Articles & Blogs Employment

Will There Still be a Service Provision Change under TUPE Where Only Part of the Activities Transfer?

Thursday, 24 March 2016

Potentially, yes, said the Employment Appeal Tribunal in the case of Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust & or.

Articles & Blogs Employment

Discrimination - Can Knowledge of Disability be Imputed to Decision Makers?

Thursday, 24 March 2016

The Employment Appeal Tribunal in Gallop v Newport City Council has held that knowledge of a disability cannot be imputed from one part of an employer organisation to the ultimate decision maker.

Articles & Blogs Employment

Budget 2016 - What you Need to Know about Employment

Thursday, 24 March 2016

A summary of the key points of interest from the Budget, announced on 16 March 2016 in respect of employment rights, employment law and tax.

Articles & Blogs Employment

No Age Discrimination When Employer Stopped Permanent Health Insurance at Age 60

Thursday, 24 March 2016

In Smith v Gartner UK Limited, the employer succeeded in striking out a claim of unlawful deduction from wages and age discrimination based on the cessation of permanent health insurance (PHI) benefits at the age of 60 (rather than 65).

Employment

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