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Employment

Grievance – confidentiality

If an employee registers a grievance against another employee then to what extent are the disciplinary processes confidential?

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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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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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