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Employment

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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Facebook – fair dismissal

An employee with 17 years’ good service (no disciplinary issues) was fairly dismissed because of comments she made on Facebook. She described her role as ‘general dogsbody’ and she referred to her place of work as ‘that bloody place’ and said she would ‘need to hurry up and sue them’.

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Shared parental leave – discrimination

A new father wanted to take 14 weeks’ paternity leave. He would get two weeks on full pay, and then 12 weeks on statutory shared parental pay (ie at a much lower rate). However, if he was a female employee then he would have been entitled to 14 weeks’ pay and he therefore claimed that this directly discriminated against him.

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Disability – redundancy

Any disabled employee is protected from discrimination if the employee has a physical or mental condition which is long-term, and which has a ‘substantial’ effect on day-to-day activities. It will be discrimination if the employee is treated unfavourably by an employer because of something arising in consequence of the disability – unless the employer can justify that behaviour as a proportionate means of achieving a legitimate aim.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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