No Springboard Injunction for Breach of Confidence – Blackstone Chambers

‘Despite some suspect behaviour by the Defendants, the High Court refused to grant a springboard injunction to the Claimant for breach of confidence because the balance of evidence did not support the conclusion that any advantage had been gained through misuse of confidential information.’

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Blackstone Chambers, 27th November 2017

Source: www.employeecompetition.com

The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland? – Cloisters

Posted December 8th, 2017 in contract of employment, EC law, holiday pay, news, self-employment by sally

‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’

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Cloisters, 29th November 2017

Source: www.cloisters.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

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Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

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Cloisters, 2nd November 2017

Source: www.cloisters.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Increase in disgruntled employees stealing confidential customer data – Daily Telegraph

Posted November 20th, 2017 in contract of employment, data protection, news, statistics, theft by tracey

‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’

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Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

Uber loses court appeal against drivers’ rights – BBC News

Posted November 10th, 2017 in contract of employment, news, self-employment, taxis by tracey

‘Taxi firm Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

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BBC News, 10th November 2017

Source: www.bbc.co.uk

Oh so false Number 9s – why the law is powerless to act – A football tale for the Summer Holidays – Employment Blog

Posted August 16th, 2017 in contract of employment, news, sport by sally

‘The Premiership season may have begun but the transfer window rumbles on. We, mere supporters, have to put up with the unedifying spectacle of highly paid “want away” players requesting transfers, refusing to train, feigning injury, and generally malingering. The great Bill Shankly once said that players like these were a menace to society and that he would lock them up if he could. In these more liberal days, fans still ask why it is that a “want away” player’s contract cannot be enforced to oblige him to play. The answer is that English contract law has a rule against the compelled performance of personal services, by employees.’

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Employment Blog, 15th August 2017

Source: employment11kbw.com

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Recent Cases on the Braganza duty and the exercise of discretion: an intensification of scrutiny of the decision making process – Employment Law Blog

Posted June 16th, 2017 in contract of employment, evidence, news, remuneration by tracey

‘It used to be thought that in exercising a contractual discretion accorded to it, in relation for example to a bonus or a share plan, an employer could, so long as it addressed the matter honestly and genuinely, make subjective qualitative judgments which would only be reviewable if they were perverse or illogical. Braganza appears to have changed this.’

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Employment Law Blog, 12th June 2017

Source: employment11kbw.com

No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

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Cloisters, 24th March 2017

Source: www.cloisters.com

Plumbing the depths of employment status as the gig economy gathers steam – Cloisters

‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’

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Cloisters, 10th February 2017

Source: www.cloisters.com

Adesokan v Sainsbury’s – Cloisters

‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’

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Cloisters, 24th January 2017

Source: www.cloisters.com

Employment law brief – New Law Journal

‘Ian Smith examines the recent cases that have been driving employment law.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

Employment Appeal Tribunal confirms that judges don’t work for a living… – Cloisters

‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’

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Cloisters, 31st October 2016

Source: www.cloisters.com

Junior doctors lose high court challenge over Jeremy Hunt’s seven-day contract – The Independent

Posted September 29th, 2016 in contract of employment, doctors, news by tracey

‘Junior doctors have lost their High Court case against their new staffing contract one week before it is to be imposed on them.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

Hermes may face HMRC investigation into allegations of low pay – The Guardian

‘The government has asked tax inspectors to consider investigating allegations of low pay by self-employed couriers working for the doorstep delivery company Hermes.’

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The Guardian, 11th September 2016

Source: www.guardian.co.uk

Zero-hours contracts used far beyond short-term work, research says – The Guardian

Posted September 8th, 2016 in contract of employment, employment, flexible working, news by tracey

‘More than two-thirds of zero-hours workers aged over 25 have been with the same employer for more than a year, highlighting concerns that the insecure arrangements have become a permanent feature of working life for thousands of people.’

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The Guardian, 8th September 2016

Source: www.guardian.co.uk

Bitter taste for Byron staff – how to handle the immigration obligations – Cloisters

Posted August 25th, 2016 in contract of employment, employment, immigration, news, race discrimination by sally

‘Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). Immigration detained and removed a number of employees – whom it turns out had been working on illegal passports and visas. It was reported that some of the employees were deported from the UK that evening, without the opportunity to say their goodbyes to family or colleagues.’

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Cloisters, 17th August 2016

Source: www.cloisters.com

Deliveroo contracts ‘written to scare couriers from going to court over workers’ rights’ – The Independent

‘Deliveroo has outsmarted Uber by reportedly building clauses into the contracts of its couriers to prevent them from taking the company to court over worker’s rights.’

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The Independent, 25th July 2016

Source: www.independent.co.uk