Employment and HR

  • Abuse of process: robust case management guidance from Court of Appeal

    In Stuart v Linde and others [2008] EWCA Civ 2 , the Court of Appeal allowed an appeal against a decision striking out a claim on the ground that it was an abuse of process. The issue in the case was whether it was an abuse of process to bring a second...
  • Agency workers and employment status.

    Agency workers and employment status.
  • Bloomberg mum wins discrimination settlement

    City mum sues Bloomberg for sexual discrimination As reported by The Telegraph “mum’s the word” for Janine Funsch who won an out of court settlement against Bloomberg, the financial information service. A  “gagging order”...
  • Can We Stop Them ?

    Restrictive covenants (clauses which are normally found in contracts of employment and partnership agreements, which restrict the right of a person to compete with his or her firm) have always been a difficult area of law. The courts are able to strike out...
  • Changing terms and conditions

    Changing terms and conditions of employment-unilateral change by council employer of benefits found to be breach of contract. In Nicholas Hugh Parry Weatherill and others v Birmingham City Council council employees sued successfully for breach of employment...
  • Companies not ready for age discrimination laws

    The Lawyer magazine has reported that over 40% of employers are unprepared for the the new age discrimination training that comes into effect 1 October. HR Managers have not obtained training as they should thereby placing their employers at risk. The...
  • Compromise Agreements

    As a general rule, ‘out of court settlements’ of employment disputes are not legally binding in that they cannot exclude an employee's right to take the matter concerned to an Employment Tribunal (ET). A formal compromise agreement is one of the...
  • Compromise Agreements - Tax Position Clarified

    A compromise agreement is an agreement made between an employer and an employee who is having their contract of employment terminated. It sets out the terms under which the termination will take place and contains a provision that the employee will receive a...
  • Compromise agreements-conditional payment terms allowed for clawback

    Compromise agreements-conditional payment terms allowed for clawback
  • Confidential information heading out the door

    Confidential information loss.
  • Confidential information heading out the door

    Confidential information loss.
  • Damages for breach of restrictive covenant

    Restrictive covenant damages for employer when employee breaches contract
  • Database belongs to sales agent

    Database rights beolng to agents
  • Director not liable for procuring breach of contract

    Director not personally liable for company wrong
  • Disability discrimination and sick leave

    disability sick leave
  • Discrimination in goods and services

    Discrimination in providing goods, services and facilities-loophole to be closed.   There are many “grey” areas that await clarification at present and it is hoped that the new legislation will close these loopholes. However...
  • Does the Data Protection Act (DPA) 1998 apply to paper records?

    Data protection for paper records.
  • Email insult was unfair so sacking was partly justified

    Email insult results in dismissal
  • Employer vicariously liable in negligence for bullying,harassment and victimisation damages.

    Bullying and harassment
  • Employment Bill 2007

    Employment Bill
  • Equal pay: indirect discrimination for anti-social hours bonus

    Equal pay for unsocial hours by WPC's.
  • False Claims on a CV - What to Do

    According to research by the Risk Advisory Group, more than half of CVs submitted by job applicants contain lies or inaccuracies. These range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed...
  • Flexible working rights extended

    Flexible working rights extended
  • Get the Christmas Party Right

    It’s that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon if they haven’t already. For employers, parties pose a particular threat. Here are some tips on making sure your...
  • Health and Safety - VDU Use

    More and more workers are spending a large part of their day looking at a computer screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with working with VDUs. The Health...
  • Health and Safety Breaches - Penalties

    The Health and Safety Offences Act 2008 received Royal Assent on 16 October 2008 and came into force on 1 January 2009. It amends Section 33 of the Health and Safety at Work etc Act 1974 and has increased penalties for breaches of health and safety...
  • High Court rules ex-employees infringed database right by copying electronic files

    ex-employees who copied and retained various documents belonging to their ex-employer, such as customer contact details and sales figures
  • IR35 update

    IR35 Dragonfly decision
  • Inappropriate interview questions

    Poor interviewing brings law claims to businesses.
  • Increase in statutory sick pay and statutory maternity, paternity and adoption pay from April 2008

    Increase in statutory sick pay and statutory maternity, paternity and adoption pay from April 2008
  • Information and Consultation of Employees Regulations

    The Information and Consultation of Employees Regulations 2004
  • Intel negligent in causing depression illness

    Intel negligent for causing stress.
  • Lying in your CV

    Lying in your CV brings legal dangers.
  • Madonna, Malawi and adoption

    Madonna and adoption laws
  • Management order not to wear the veil while teaching is not discriminatory

    Making the news of late has been the veil and not only by way of Jack Straw’s comments which were sensationalised by the media. Widely reported was Azmi v Kirklees Metropolitan Council, in which the Council was exonerated of direct and indirect...
  • Mandatory retirement age

    Heyday legal challenge to forced retirement age.
  • Maternity and paternity pay increases

    HMRC has announced the increase to several child-related benefits has been delayed.   Statutory Maternity Pay, Maternity Allowance and Statutory Adoption Pay were to increase to 52 weeks for all babies due on or after April 2009 but this now has been...
  • Maternity leave: sick pay

    Maternity leave: sick pay
  • New Minimum Wage Rates Announced

    New minimum wages
  • New Tribunal Limits

    The Employment Rights (Increase of Limits) Order 2006, which details the annual inflation-linked increase in limits on the amounts which can be awarded by employment tribunals, was made on 14 November 2006 and applies where the appropriate date falls on or...
  • Non-compete clause can be enforceable

    Non-compete clause can be enforceable
  • Non-compete clause is reasonable court concludes

    Reasonable restrictive covenant clause prevents MD working for competitor.
  • Officer wins claim for unpaid salary

    RAF officer wins claim for unpaid salary
  • Officer wins claim for unpaid salary

    RAF officer wins claim for unpaid salary
  • One in five bullied at work

    Bullying at work is rampant says report.
  • Outsourcing Outcasts in India

    Outsourcing outcasts in India.
  • Partnerships and the new age discrimination laws

    Partnerships and age discrimination
  • Protection of Harassment Act 1997 makes employers vicariously liable for harassment acts of employees

    Protection Of Harassment Act
  • Recruitment - Preventing Illegal Working Without Discrimination

    Hardly a day goes by without there being some mention of illegal immigration in the news. The number of people discovered working here unlawfully has risen sharply in recent years. There has been much talk of the possible introduction of a national identity...
  • Redundancy payments amended

    redundancy changed due to age discrimination
  • Smoking Ban ends the office smoking room.

    Smoking ban set for 2007 in England and Wales.
  • Staff Handbook forms part of the employment agreement

    staff handbook
  • Stopping the vexatious employment litigant

    unfair employment law claims
  • TUPE-only sham agreement can pierce the corporate veil

    Veils of a different sort have been in the news lately re Jack Straw and others. In the corporate world courts can only remove a business’s limited status-known as lifting the veil-in very limited circumstances. One of these is where there exists a...
  • Taxation of termination payments in employment disputes

    Payment In Lieu Of Notice-tax
  • The "right" to work from home

    Rights of homeworkers
  • The Occupational Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

    pension scheme consultation
  • The Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill

    Temporary Agency Bill draws close-2 March 2007
  • The dangers of online portrayals

    MySpace and other online dangers for job candidates.
  • Transfer could be reason for dismissal even if potential buyer not yet identified

    Transfer could be reason for dismissal even if potential buyer not yet identified
  • Tribunal to rule on application of TUPE to transfer of client accounts between law firms

    Tribunal to rule on application of TUPE to transfer of client accounts between law firms

Latest News

Employment Status - What is the Legal Reality of the Relationship?
Proposed Amendments to the Working Time Regulations
New Minimum Wage Rates
Qualifying Period for Unfair Dismissal Claims to be Extended
Employment Law Review - Government Seeks Views of Businesses
When Does Contractual Notice Commence?
LLP Case Shows Need for Members' Agreement
Stepping Hill Hospital nurse ban lifted
ACAS Issues Guidance on Social Networking
Changes to the System for Reporting Health and Safety Incidents