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The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer.
The EAT has held that a grievance outcome letter sent from an HR Officer was capable of binding the employer to a new pay grade.
HR managers have to deal with a range of challenging situations, but senior executive hiring remains an area that is particularly fraught.
Disability discrimination: no obligation to make reasonable adjustments for employees associated with disabled employees
The Court of Appeal has decided that employers are not obliged to make reasonable adjustments for employees who are associated with a disabled person.
In the case Kaltoft v Kommunernes Landsforening, the advocate-general has given an opinion that morbid obesity may amount to a disability.
InCredit — July 2014: Small Business, Enterprise and Employment Bill 2014–15; ring-fencing update; and more
Addleshaw Goddard has released the 7 July 2014 issue of its InCredit publication.
An employee cannot bring a breach-of-contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure.
Employers should be aware of a number of recent developments in the employment law arena.
The government has published its response to the consultation on how mandatory equal-pay audits will operate, together with the draft regulations that will govern the new system.
The Small Business, Enterprise and Employment Bill sets out a number of further reforms to the employment law landscape.
The government will ban the use of ‘exclusivity clauses’ — which provide that the employee is not entitled to work for another employer.
The EAT has held that a claimant lost his right to claim constructive dismissal where he gave his employer considerably longer notice of termination than he was obliged to do.
EAT holds that the mental processes of anyone influencing a decision maker should be taken into account
In Reynolds v CLFIS (UK) Ltd and others, the claimant alleged that the termination of her consultancy agreement was discriminatory on the grounds of age.
Madarassey, Mezzoterro, Villalba: there was a time when the papers were full of reports of women with six-figure salaries taking on their employers in tribunal.
Annabel Mackay, managing associate at Addleshaw Goddard, comments on the government’s response to its call for evidence on the whistleblowing framework.
InContact — 14 June 2014: Small Business, Enterprise and Employment Bill 2014–15; BBA report; and more
Addleshaw Goddard has released the June edition of InContact, which covers the latest market news and developments in the payments space.
A recent Employment Appeal Tribunal judgment — Clements v Lloyds Banking plc — highlighted the way in which age discriminatory remarks can result in protracted litigation.
The Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 has varied the limit on the compensatory award available in unfair dismissal claims.
The ECJ has held that where a worker is paid by way of basic salary and regular sales commission such commission must also be included in the calculation of holiday pay.