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Employment

Right to work – new guidance

The Home Office has issued updated guidance on employers’ right to work checks. The changes are too detailed to list here but they reflect the increasing scrutiny being put on immigration status in the employment context.

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Suspension – repudiatory act?

An experienced teacher was suspended pending an investigation into allegations of rough behaviour against young school children. She had only been at the school for a few weeks and had no previous experience of dealing with disruptive youngsters; she had previously asked for help but no meaningful help had been supplied. She argued that the suspension was repudiatory conduct and she therefore regarded herself as dismissed, and able to bring a constructive dismissal claim.  

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Whistleblowing – manager’s liability?

A chief executive made whistleblowing disclosures in relation to corporate governance. Some months later, two directors agreed that he should be dismissed. The whistleblower then sued those two directors personally (as well as the company) for the losses flowing from the ‘unlawful detriments’ suffered as a result of the whistleblowing. The EAT held that those claims could proceed.  

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Restrictive covenant – ‘competing business’

It is very common to have a restrictive covenant preventing an employee from being ‘concerned or interested in’ any competing business for a period of six months from termination.  

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Employee monitoring – ECTHR

Considerable publicity was given to the ECTHR decision in which it was held that a Romanian employee’s Article 8 rights (ie the right to a private life) had been breached by employer monitoring of e-mails.  

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Whistleblower – public interest?

The whistleblowing legislation was amended in 2013 so the disclosure must now be ‘in the public interest’. This change was designed to reverse an EAT decision which had allowed a personal contractual dispute to come within the scope of the legislation. But, since that change in the law there has been much debate about how to interpret the ‘public interest’ requirement.

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TUPE – pre-packs

The ECJ has confirmed that TUPE will usually apply to a pre-pack insolvency arrangement. 

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Garden leave – TUPE ploy

A senior employee who has resigned, or been dismissed, may be faced with garden leave provisions. This is a clause in the employment contract which allows the employer to insist that the employee remains at home, and so does not take any part in the business.

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Discrimination – 10% uplift

In Simmons [2012] the CA applied a 10% uplift to existing personal injury awards.

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Holiday pay – voluntary overtime

The EAT has held that ‘entirely voluntary overtime’ should be treated as part of the normal remuneration when calculating holiday pay (on the basis that holiday pay should ‘correspond to the normal remuneration received by worker’).

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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