‘The government would find it hard to create legislation to deal with zero hours contracts because it is hard to define exactly what is meant by a “zero hours” contract and how many people are working under them, an expert has said.’
OUT-LAW.com, 2nd May 2014
Source: www.out-law.com
‘Ashworth and others v the Royal National Theatre [2014] 1176. Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how profoundly moving was the live music, with the musicians visible along the sides of the theatre above the stage. Since that highly successful (and profitable) first season the role of the orchestra had been radically reduced, and now looks as if it is about to vanish altogether.’
UK Human Rights Blog, 23rd April 2014
Source: www.ukhumanrightsblog.com
‘Eighteen men unhappy at being paid less than their female colleagues have won an equal pay claim against a university.’
BBC News, 23rd April 2014
Source: www.bbc.co.uk
‘Two different bodies in the last week have reflected on issues concerning the fundamental imbalance in the employment relationship.’
UK Human Rights Blog, 22nd April 2014
Source: www.ukhumanrightsblog.com
Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D) 129
‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
‘Clause 4(1) of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, precluded a national rule which provided that for the termination of fixed-term contracts of more than six months, a fixed notice period of two weeks would be applied regardless of the length of service of the worker concerned, whereas the length of the notice period for contracts of indefinite duration was fixed in accordance with the length of service of the worker concerned and could vary from two weeks to three months, where those two categories of workers were in comparable situations.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’
OUT-LAW.com, 15th January 2014
Source: www.out-law.com
‘Companies could be banned from preventing workers on “zero hours” contracts from working for another company, under proposals put forward by the Government.’
OUT-LAW.com, 20th December 2013
Source: www.out-law.com
‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’
Hardwicke Chambers, 22nd November 2013
Source: www.hardwicke.co.uk
“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”
Littleton Chambers, 11th November 2013
Source: www.littletonchambers.com
“The Court of Appeal’s decision (11 October 2013) in Coppage v Safety Net Security to uphold as reasonable and enforceable a 6 month non-solicitation restrictive covenant is surprising because of the fact that the covenant covered all customers during the period of Mr Coppage’s employment. In modern times the general advice had been that such covenants should be restricted to those who had been customers in a fixed period prior to termination (‘look back’ requirement) and to be confined to those with whom the employee had had personal dealings.”
Hardwicke Chambers, 21st October 2013
Source: www.hardwicke.co.uk
“A recent spate of public vocal exchanges within the game could be about to raise a number of interesting employment law issues.”
Law Society’s Gazette, 11th October 2013
Source: www.lawgazette.co.uk
“During last week’s World Sports Law Report webinar on player contracts, David Reade QC and John Mehrzad presented a section on ‘manager publically criticising player’ and, with some degree of prescience, concluded that the ‘manager was also at risk of breach of implied term of trust and confidence with club or misconduct charge’. ”
Littleton Chambers, 23rd September 2013
Source: www.littletonchambers.com
“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
“Russell Holland looks at the recent concerns raised by the TUC in relation to the Agency Worker Regulations.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12); [2013] WLR (D) 346
“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
“Changes to the regime governing protections for employees whose contracts are transferred to a new employer ‘go a long way towards eliminating the unnecessary gold plating’ that has made the rules such a headache for employers, an expert has said.”
OUT-LAW.com, 6th September 2013
Source: www.out-law.com
“Will he stay or will he go? It appears that the future of Luis Suarez at Liverpool hinges on the operation of a release clause in his contract. According to various media sources, it provides that: if, subsequent to a failure to qualify for the Champions League, Liverpool receive a bid to buy Suarez in excess of £40m then the decision as to whether or not to accept the offer must be made in ‘good faith’.”
Littleton Chambers, 22nd August 2013
Source: www.littletonchambers.com
“Broad references by the press to ‘zero hours’ employment contracts are unhelpful, as the term is used to refer to a wide variety of contracts that can be used for a number of legitimate business reasons, an expert has said.”
OUT-LAW.com, 22nd August 2013
Source: www.out-law.com
“In the past it seems that the best way for a player to persuade a club to sell him was to sulk, feign injury or stir up the media (on the BBC Sport website Robbie Savage has listed a few more tactics he had used, or seen others use). More recently we have seen the advent of clauses in player contracts which are triggered by offers in excess of a particular sum. These give rise to a number of interesting issues.”
Littleton Chambers, 15th August 2013
Source: www.littletonchambers.com
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