November 2014 #155 – Law Journals

Employment Status: Review of workers’ rights

Oliver Spratt discusses a government review aimed at clarifying and potentially strengthening workers’ rights ‘If the proposed extension of rights and new guidance are put in place, this would be largely beneficial to both employers and employees.’ As Peter Clark J commented in the Employment Appeal Tribunal earlier this summer in Windle v Secretary of …

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Exit Payments: Struggling to close the revolving door

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The government’s proposals to recover public sector exit payments are commendable but flawed, argues Maeve Vickery ‘The repayment requirement may inadvertently act as a type of restrictive covenant on an employee and a barrier to reengagement and talent retention within the public sector.’The government consultation paper, Recovery of public sector exit payments, was published on …

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Territorial Jurisdiction: Courts revisit working in Britain test

Two recent decisions which have helped to clarify which employees have a sufficiently strong connection with Great Britain to qualify for unfair dismissal protection, explains Sarah Ozanne ‘The key question in determining whether the individual falls within the territorial scope of s94(1) is the strength of their, and the employment relationship’s, connection with Great Britain …

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Agency Workers Regulations: Hirers beware

Mark Kaye highlights a rare reported decision on liability for failure to give an agency worker equal pay after 12 weeks ‘Both hirers and agencies should have systems in place to ensure they comply with their respective obligations under the regulations.’ The Agency Workers Regulations 2010 came into force on 1 October 2011. Emanating from …

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Restrictive Covenants: One step beyond?

Gary Freer examines a recent case in which the court awarded gain-based damages for breach of employees’ restrictive covenants ‘The Wrothan Park decision was an exception to what was then the general rule that damages based on the wrongdoer’s gain are not available to remedy a breach of contract.’ In claims for damages for breach …

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Policy Proposals: Countdown to the general election

Following the main political party conferences, Richard Kenyon considers on some of the employment-related policies we can expect to see debated as the 2015 general election approaches ‘Policies are taking shape and sound bites are being rehearsed. As ever, employment-related issues are prominent in the electioneering.’ The Fixed-Term Parliaments Act 2011 provides for general elections …

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Equal Pay: The impact of mandatory audits

Stefan Martin and Lizzi Hodgkinson take a detailed look at the recent introduction of tribunal orders requiring employers to carry out equal pay audits ‘Despite the long genesis of the regulations, they still seem to have come as a surprise to many employers.’From 1 October 2014, an employer will be ordered to carry out an …

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