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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 ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …
Continue reading "Exiting The EU: The flaw in the Brexit white paper"
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Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers ‘It may be possible to argue that a failure to pay enhanced rates of pay is both direct and indirect discrimination.’ We have come a long way since maternity leave was first introduced by the …
Continue reading "Shared Parental Leave: Dads paid less for bringing up a baby – is direct discrimination the answer?"
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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 ‘It is not possible for an employer to impose a covenant just because it does not want an ex-employee to compete with it.’In Capita plc v Darch …
Continue reading "Confidential Information: Lessons from a failed injunction"
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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 ‘The judgment is clear in holding that contracts of employment can set out the days over which salary accrues and such a clause will override the …
Continue reading "Strike Pay: All in a day’s work"
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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 ‘The tribunal had not afforded enough weight to the documented fact that both Mr Green and SIG had agreed that his contract should be governed by English law.’As the workforce continues to …
Continue reading "Territorial Jurisdiction: Location, location, location"
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Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses ‘Employers must provide adequate facilities to allow workers to exercise their right to take paid annual leave.’As employers and their advisers will be aware, there has been a series of far-reaching legal developments …
Continue reading "Holiday Pay: Will it never stop?"
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Tom Heys and Kayleigh Williams examine the main political parties’ general election promises on employment law issues ‘As might be expected, all three of the main parties allude to the topical issue of the “gig” economy.’ Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour – and …
Continue reading "Employment Policies: Manifesto manoeuvres"
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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 ‘It is now a real possibility that we will see legislative changes to make the distinction between workers, employees and …
Continue reading "Employment Status: The gig economy – a cross-border comparison"
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Paula Rome considers some tricky issues for legal advisers asked to draw up employment-related policies ‘If any requirements are unusual or very important to your organisation, it is essential to set these out clearly in your policy, particularly if breach of the rule will be considered gross misconduct.’ HR teams will often contact legal advisers …
Continue reading "Policies And Procedures: ‘Can you just give us a policy on…?’ and why it is not that simple"
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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 ‘Employers should be alert to the fact that those who come into contact with …
Continue reading "Whistleblowing: Not one but two employers"
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