A High Court case illustrates that it is not always in an employer’s best interests to immediately place an employee on garden leave, or seek injunctive relief against a departing employee when they leave to set up in competition.
In what appears to be one of the few times that a judge has felt justified in allowing the inspection and imaging of employees’ computers, the High Court has recently ordered that an employer may instruct an independent computer expert to inspect and take images from the personal computers of two former employees.
In Punjab National Bank (International) Limited and others v Gosain UKEAT/0003/14, the EAT held that covert recordings of public and private conversations by an employee at disciplinary and grievance meetings were admissible in evidence and could be considered by the Tribunal when it came to determining the case at full hearing.
In the recent case of Secretary of State for Business, Innovation and Skills v Knight UKEAT/0073/13, the EAT considered whether a managing director and sole shareholder who had not received salary for two years could be an employee and therefore entitled to a redundancy payment from the Insolvency Service under section 166 of ERA 1996.
The Department for Business, Innovation & Skills (BIS) has published details of its updated policy on enforcement of the national minimum wage, which includes the revised scheme for naming and shaming employers, and the new system of increased financial penalties of up to £20,000 for the most serious cases.
A recent High Court decision provides a warning to company directors who move abroad without updating their address for service on the register of directors. The claimants served the claim form on the defendant (a former director of the claimants) by delivering it to two addresses in England, which he had listed on the register […]
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