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Business Protection – Non Solicitation Clauses

Meredith Hurst Wednesday, March 14, 2012

A common issue in many businesses is failing to properly consider and address the risk posed by employees if their employment is terminated. Employment lawyers see all variations of the problem. In some situations an employee is never given a contract of employment at all, and therefore the business is left without protection when that person leaves. In other cases, an employee is given a junior contract, then work their way up through a business to the point where they have a significant...

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TUPE Case

Meredith Hurst Wednesday, February 15, 2012

RECENT COURT OF APPEALJUDGMENT ON TRANSFER OF UNDERTAKINGS REGULATIONS 2006 - SPACERIGHT EUROPE LTD V BAILLAVOINE The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") afford protection to employees when there is a transfer of an undertaking or a service provision change from one employer (the transferor) to another (the transferee). In these circumstances dismissal of an employee assigned to the undertaking being transferred by reason of the transfer or for a...

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The Cost of Unrequited Love

Meredith Hurst Wednesday, February 15, 2012

We don't wish to  put a dampener on the Valentine's celebrations but would like to offer a word of warning to all those potential suitors out there:  Valentine's Day can prove to be a costly minefield in the workplace.  The chance to express your love, or possibly lust in some cases, to a work colleague, and getting it wrong could see you facing charges of sexual harassment at the Tribunal from an aggrieved recipient.  Under the Equality Act 2010, a...

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Supreme Court confirms entitlement to annual leave can be satisfied by time off when not required to work (SC)

Meredith Hurst Friday, December 16, 2011

The Supreme Court has agreed with the decision of the Inner House of the Court of Session that entitlement to annual leave under the Working Time Regulations 1998, interpreted in the light of the Working Time Directive, can be satisfied during periods when workers are not otherwise required to work. Therefore, the employers in this case were entitled to insist that employees working on an offshore installation took their paid annual leave during so-called "field-breaks" spent onshore. The...

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Employment Tribunal Fees

Meredith Hurst Thursday, December 15, 2011

The Government plans to introduce fees into the employment tribunal system.  This could spell the end of the vexatious claimant and certainly the lower end employment disputes cases of little value.    The Government announced earlier this year its proposal to introduce a fee on submitting a claim to the employment tribunal.  The intention is to encourage employers and employees to resolve disputes internally but the principal driver is to save the...

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