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Employment

ET settlements – public record?

Judgments of ETs are now to be published online. But, note that ‘judgments’ will include the dismissal of proceedings on withdrawal, or on settlement via ACAS (using COT3).

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IR35 – public sector

IR35 is aimed at the abuse of personal service companies as a way of avoiding IT and NI (with the worker being classified as self-employed, rather than as an employee). Because the Revenue was concerned about the artificial use of personal service companies, and other intermediaries, it introduced a regime known as IR35.

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Misconduct – disability discrimination

The concept of ‘discrimination arising from disability’ is still evolving. It arises when the employee is treated unfavourably because of something arising in consequence of disability – where it cannot be shown that the treatment is a proportionate means of achieving a legitimate aim. Two ‘misconduct’ cases illustrate how difficult this can be:

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Confidential information – £2 damages!

Two employees of a large asset management firm systematically copied confidential files before they left. Subsequently, the employers sued for £15m but only recovered £2 (ie nominal damages)! The reason? The employees had made no use of the confidential information, and the employer had suffered no loss.

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Team moves – remedies?

The conventional remedy against members of a team who leave to join a competitor is to see whether there are enforceable restrictive covenants, post-termination restraints, and non-competes. Those covenants will be enforceable provided they protect a legitimate proprietary business interest, and go no further than it is reasonably necessary to do. If those legal hurdles can be overcome, then the restrictive covenant is likely to be enforceable.

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Notice – from when?

 

It is always advisable to have express provisions in a contract of employment specifying when notice will be effective. Otherwise, you are thrown back on common law principles – in which case, does contractual notice of termination take effect on (i) posting of the letter, (ii) delivery of the letter, or (iii) communication of the notice to the employee so they are aware of it?

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Apprenticeship – damages

A tiler entered into an apprenticeship contract in October 2014, with the contract of apprenticeship due to run until November 2018. But, in 2016 there was a downturn in business and he was made redundant.

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SAR – Data Protection request

Litigators are increasingly seeing subject access requests made under Data Protection Act 1998. As we noted in the April 2017 issue (p31), this use of SARs is a tactical ploy – using the 1998 Act as a way of putting pressure on the other side to disclose documents that would not otherwise be disclosable in litigation. There have been several cases on this topic recently but the following principles seem to emerge:

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Holiday pay – finality

The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation.

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Immigration – skills charge

Introduced in April 2017, the immigration skills charge will significantly increase the fees paid by employers when sponsoring skilled migrants. For Tier 2 migrants, employers will pay £1,000 pa (eg a five-year visa is £5,000). Reduced charges will apply to small companies and charities. The charge will not apply to Tier 2 migrants who are sponsored before 6 April 2017 and who are simply applying to extend their stay in the UK.

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Page 7 of 54

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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