Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

Full story

Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

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High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

Full story

Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

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High Court challenges UK work schemes – BBC News

Posted July 4th, 2014 in benefits, employment, news, remuneration by tracey

‘The High Court has ruled emergency laws underpinning a government back-to-work scheme are “incompatible” with the European Convention on Human Rights.’

Full story

BBC News, 4th July 2014

Source: www.bbc.co.uk

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Patents – Employees’ Compensation: Shanks v Unilever – NIPC Law

Posted July 3rd, 2014 in compensation, employment, inventions, news, patents by sally

‘S.39 (1) of the Patents Act 1977 provides:
“Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if -
(a) it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
(b) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of
his duties he had a special obligation to further the interests of the employer’s undertaking.”‘

Full story

NIPC Law, 2nd July 2014

Source: www.nipclaw.blogspot.co.uk

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Students told they face jail for lying on their CV – The Independent

Posted July 3rd, 2014 in employment, fraud, news, universities by sally

‘Fraud prevention officers have sent a new guide to every university in the country warning students they could face jail for telling “white lies” on their CVs to make them more impressive.’

Full story

The Independent, 3rd July 2014

Source: www.independent.co.uk

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Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

Full story

OUT-LAW.com, 25th June 2014

Source: www.out-law.com

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St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted June 24th, 2014 in benefits, EC law, employment, law reports, pregnancy, social security by sally

St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) (Case C-507/12; ECLI:EU:C:2014:2007; [2014] WLR (D) 275

‘A woman who gave up work, or looking for work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retained the status of “worker”, within the meaning of article 45FEU of the FEU Treaty, provided she returned to work or found another job within a reasonable period after the birth of her child.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com

‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’

Full story

OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

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Bar Council and Bar Standards Board Release Barristers’ Working Lives Survey Results – The Bar Council

Posted June 20th, 2014 in barristers, employment, press releases, remuneration, statistics by tracey

‘The Bar Council, which represents barristers in England and Wales, and the Bar Standards Board (BSB), the regulator of barristers in England and Wales, today released the report Barristers’ Working Lives, which reveals results from the second biennial survey of the Bar.’

Full press release

The Bar Council, 18th June 2014

Source: www.barcouncil.org.uk

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Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254

‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog

‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’

Full story

UK Human Rights Blog, 18th June 2014

Source: www.ukhumanrightsblog.com

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R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Criminal records: Supreme Court to rule whether job applicants have to come clean over convictions – The Independent

‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’

Full story

The Independent, 18th June 2014

Source: www.independent.co.uk

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Vanity cases? – New Law Journal

‘Employees & cosmetic surgery: Sarah Johnson reports.’

Full story

11th June 2014

Source: www.newlawjournal.co.uk

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Shanks v Unilever plc and others (No 2) – WLR Daily

Posted June 5th, 2014 in benefits, employment, inventions, law reports, patents by sally

Shanks v Unilever plc and others (No 2) [2014] EWHC 1647 (Pat); [2014] WLR (D) 242

‘The time value of money received by an employer following the vesting of an invention by an employee was not a benefit derived by the employer for the purposes of section 41(1) of the Patents Act 1977.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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PA sacked by her boss after wife found out about their affair awarded £35,000 damages – Daily Telegraph

‘A personal assistant sacked from her job at a successful property company by her boss after his wife found out about their affair has been awarded nearly £35,000 in damages. ‘

Full story

Daily Telegraph, 29th May 2014

Source: www.telegraph.co.uk

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Lock v British Gas Trading Ltd – WLR Daily

Posted May 29th, 2014 in EC law, employment, law reports, remuneration, working time by michael

Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351;  [2014] WLR (D)  224

‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

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Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) – WLR Daily

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32;  [2014] WLR (D)  222

‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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