Sat07222017

Last updateTue, 24 Feb 2015 5pm

Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses

As employers and their advisers will be aware, there has been a series of far-reaching legal developments on workers’ and employees’ rights to holiday pay in the last few years. The pace of change shows no sign of slowing, following the advocate general’s (AG’s) recent opinion in King v The Sash Window Workshop Ltd [2017] that the right to paid annual leave carries over indefinitely until a worker has the opportunity to exercise it.

Emma Naughton examines two recent cases on the tricky issue of which country’s courts have jurisdiction to hear an international worker’s employment claims

As the workforce continues to become more mobile and global, it is not always clear which country’s courts or tribunals should hear an employee’s claims. This article looks at the possible impact of two recent cases dealing with the issue of territorial jurisdiction. The first, Green v SIG Trading Ltd [2017], was an Employment Appeal Tribunal (EAT) decision. The second, Nogueira v Crewlink Ltd; Moreno Osacar v Ryanair [2017], was the opinion of the Advocate General (AG) on a case concerning the aviation sector. This sector has been alive to the problems caused by having a mobile workforce for longer than other sectors but still comes across practical issues.

Phil Allen and Louise Singh look at the implications of a recent Supreme Court decision on how much pay to deduct when employees go on strike for a day

If employees are on strike, an employer does not have to pay them for the periods when they are not working. In the recent case of Hartley v King Edward VI College [2017], the Supreme Court considered how much pay an employer was entitled to deduct when tutors at a sixth form college took part in a day of lawful strike action.

A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott

In Capita plc v Darch [2017], Capita applied for an interim injunction against various ex-employees and a competitor company with which they are associated, Archus Ltd. The case contains a useful discussion of both restrictive covenants and interim injunctions. Interestingly, it also discusses whether an employer may claim emails that employees send from its email account are its property (regardless of whether they are about business matters).

Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers

We have come a long way since maternity leave was first introduced by the Employment Protection Act 1975, with women now receiving 52 weeks’ leave and 39 weeks’ statutory maternity pay. But have we come far enough when it comes to dads?

The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp

The government set out its strategy for giving effect to Brexit in its white paper, Legislating for the United Kingdom’s withdrawal from the European Union, which may or may not be revised given the outcome of the general election on 8 June. Unlikely to change, however, is the white paper’s promise to ensure that EU case law and directly applicable EU legislation will, at the time the UK leaves the EU, be written into UK law so that (para 1.12):

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers

Catrina Smith and Amanda Sanders explore new requirements aimed at weeding out senior banking executives with poor conduct records

On 7 March 2017, one year after the Senior Managers and Certification Regime was introduced to improve accountability in the financial services sector, the new regulatory reference requirements came into effect. The purpose of regulatory references is to make it harder for senior staff with poor conduct records to be ‘recycled’ between firms. It remains to be seen whether the new rules will have the desired effect of weeding out all those with poor conduct records or will simply create more disputes about references and result in more contentious exits.

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