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Employment Law

Restrictive covenants and goodwill agreements

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.

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Posted in: Employment Law

Confidentiality during employment and after termination

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.

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Posted in: Employment Law

Dismissing an employee: taking the right steps

Two recent Employment Appeal Tribunal (EAT) cases highlight some of the issues a business needs to consider when contemplating dismissing an employee.

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Posted in: Employment Law

Covert recordings of meetings admissible in evidence

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.

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Posted in: Employment Law

Wages were not a pre requisite for employment status

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.

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Posted in: Employment Law

New policy on national minimum wage enforcement

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.

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Posted in: Employment Law

Online and e-mail risks in the workplace: social media guidelines

The Attorney General has published guidance to help prevent social media users from committing a contempt of court.

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Posted in: Employment Law

Disability discrimination: reasonable adjustments

A Court of Appeal decision provides some useful guidance to employers in relation to making reasonable adjustments for disabled employees.

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Posted in: Employment Law

Service of a claim form on a company director

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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Posted in: Employment Law

Restrictive covenants in employment contracts

Businesses will welcome a High Court decision which held that non-solicitation and non-dealing restrictive covenants in the employment contract of a recruitment consultant were enforceable.

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Posted in: Employment Law

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