The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Employment

Grievance – confidentiality

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

Subscribers only...
 

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.

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

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.

Subscribers only...
 

TUPE – pre-packs

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

Subscribers only...
 

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.

Subscribers only...
 

Discrimination – 10% uplift

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

Subscribers only...
 


Page 10 of 59

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

Resources

IAG International
Join the IBA now!
www.totallylegal.com
In House Lawyer
MSI Global Alliance