Wed11222017

Last updateTue, 24 Feb 2015 5pm

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.

Martin Cheyne and James English discuss a recent Court of Appeal decision on whether a worker can bring a claim for detrimental treatment against not only their normal employer but against a second organisation with which they have a working relationship

On 5 May 2017, the Court of Appeal handed down judgment in Day v Health Education England [2017]. This was a high-profile whistleblowing claim which may extend the protection given to junior doctors and other workers in training. This article examines the judgment and considers the implications for employers and workers in the NHS and beyond.

Paula Rome considers some tricky issues for legal advisers asked to draw up employment-related policies

HR teams will often contact legal advisers (both in-house and external) requesting standard precedents, policies or procedures on a specific issue. While some policies and procedures do lend themselves to standardisation, many require careful consideration to ensure that they are appropriate for your organisation and are introduced in a way which will not cause conflict with existing working practices.

Stefan Martin and Helena Davies look at some of the different ways EU member states and the US are responding to the rise of non-standard working arrangements and how these contrast with the UK’s approach

The rapid and widespread growth of the gig economy has ramifications for employment law in many jurisdictions. There have been a range of legislative and case law responses, particularly on the question of the legal status of workers in the new economic environment and the classification of workers as employees or self-employed contractors. Some of these provide food for thought on how the UK might tackle this issue after the general election.