contract of employment – Page 11 – Current Awareness

Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers

Posted December 3rd, 2013 in competition, constructive dismissal, contract of employment, employment, injunctions, news by sally

‘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

Garden Leave and Gandhi – Littleton Chambers

Posted November 19th, 2013 in constructive dismissal, contract of employment, employment, injunctions, news by sally

“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

Restrictive covenants in employment contracts – A generous decision from the Court of Appeal? – Hardwicke Chambers

Posted November 19th, 2013 in appeals, contract of employment, news, restrictive covenants, witnesses by sally

“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

Footballers and employment law – Law Society’s Gazette

Posted October 15th, 2013 in contract of employment, employment, news, sport by sally

“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

Di Canio’s Public Humiliation of Players and Dismissal – Littleton Chambers

Posted September 25th, 2013 in breach of trust, compensation, contract of employment, dismissal, news, professional conduct, sport by sally

“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

Termination or Mutual Separation? – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, employment tribunals, news, redundancy by sally

“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

Agency Worker Regulations – Watch This Space – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, news, regulations, trade unions by sally

“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 – WLR Daily

Posted September 16th, 2013 in appeals, complaints, conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

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

TUPE reforms “eliminate unnecessary gold plating”, says expert, but service provision change rules remain – OUT-LAW.com

Posted September 9th, 2013 in contract of employment, contracting out, news, transfer of undertakings, unfair dismissal by sally

“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

Luis Suarez: When ‘Good Faith’ Bites – Littleton Chambers

Posted September 3rd, 2013 in contract of employment, contracts, news, sport by sally

“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

Press focus on “zero hours” terminology rather than substance unhelpful, says expert, as Government hints at tighter controls – OUT-LAW.com

Posted August 23rd, 2013 in codes of practice, contract of employment, employment, media, news by sally

“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

Andrew Clarke QC on Football Transfer Requests and Buy-Out Clauses – Littleton Chambers

Posted August 22nd, 2013 in contract of employment, contracts, news, sport by sally

“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

Legal challenge to zero hours contracts launched against Sports Direct – The Independent

Posted August 8th, 2013 in casual workers, contract of employment, employment, employment tribunals, news, part-time work by sally

“A legal challenge is being brought against retail giant Sports Direct over the use of zero hours contracts among its staff.”

The Independent, 7th August 2013

Source: www.independent.co.uk

Zero hours contracts provide flexibility for employees as well businesses but safeguards needed to prevent abuse, says expert – OUT-LAW.com

Posted August 7th, 2013 in contract of employment, news by sally

“It would be wrong for businesses to be barred from contracting with workers on ‘zero hours’ terms, an employment law expert has said.”

OUT-LAW.com, 6th August 2013

Source: www.out-law.com

Civil way – New Law Journal

Posted July 29th, 2013 in civil procedure rules, consumer protection, contract of employment, costs, news by sally

“Without prejudice, legislative obit, mum’s the word & child support facelift.”

New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

Hay and others v Gilgrove Ltd and another – WLR Daily

Posted June 12th, 2013 in appeals, contract of employment, employment tribunals, law reports, markets, remuneration by sally

Hay and others v Gilgrove Ltd and another [2013] EWCA Civ 412; [2013] WLR (D) 220

“On the true construction of a collective agreement incorporated into the claimants’ contracts all who performed the role of a market porter, whether registered or unregistered, were entitled to share equally in ‘porterage’ charges made by the employer to customers for the movement of goods.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Acas revises its draft Code of Practice on extended confidential settlement agreements – OUT-LAW.com

Posted June 11th, 2013 in agreements, arbitration, codes of practice, compromise, contract of employment, news by sally

“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”

OUT-law.com, 11th June 2013

Source: www.out-law.com

Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com

Posted May 28th, 2013 in confidentiality, contract of employment, damages, employment, news, Supreme Court by sally

“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”

OUT-LAW.com, 28th May 2013

Source: www.out-law.com

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others – WLR Daily

Posted May 28th, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others [2013] UKSC 31; [2013] WLR (D) 200

“A former employee who started a business which developed a product using her former employers’ trade secrets was not liable for breach of confidence in circumstances where she neither knew the identity of those secrets nor that they were being used to develop the new product.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court

Posted May 23rd, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

«
1
…
6
7
8
9
10
11
12
13
14
15
»

Archives