Getting an injunction against an employee

19/11/2015

Employment Law Injunctions What is an Injunction? An injunction is an Order from the Court which either prevents a party from doing something or forces a party to do something. An injunction is not easy to obtain and as it is an equitable remedy made at the Court’s discretion. An injunction will only be granted READ MORE

Jose Mourinho, Eva Carneiro and Chelsea Football Club: Explained

03/11/2015

It may seem unusual to the public that an individual (Jose Mourinho) has been named in proceedings against Chelsea Football Club (Chelsea) regarding the treatment of one of their employees. However, in the legal world, it is a common stance adopted in Employment claims involving an aspect of discrimination. Tactically, employees often name the individual READ MORE

What should employers include in an internet, email and social media policy?

23/10/2015

If your business does not already have an Internet use and social media policy, you should strongly consider getting one which has been carefully thought through and to ensure that the policy is consistent with other employment law policies, contracts and your business generally. It is also vital that any policy is backed up by READ MORE

Fraud or dishonesty at work – employer options

29/10/2014

D Rosen This blogpost presumes that the reader is someone within an organisation who is an owner, or in a position of responsibility. Firstly, how does your business define ‘fraud’? Some businesses adopt the case law interpretation as set out in Derry v Peek [1889] LR 14 App Cas 337. Other businesses have their own READ MORE

Lies on employee cv – what to do

30/06/2014

Inaccurate or deliberately false career history and academic qualifications are problem employers underestimate at their peril. The figures on this are disturbing and quite staggering since, with research indicating that over half of CVs contain lies or inaccuracies which can range from gaps in employment history to false claims regarding qualifications and failure to mention READ MORE

Employment Tribunal claims drop hugely – time for employers to relax ?

19/03/2014

Many employers will identify when I say that many had become sick and tired of settling claims, either by settlement agreement (previously called compromise agreements) or otherwise, which they considered had little or no merits. These claims were settled largely on economic grounds, encouraged in many cases by the no fee or costs rules in READ MORE

Occupational Health Reports – not always the full picture for disability

09/03/2014

Most employers in my experience are now much more aware of the issue of disability in the workplace and the complex issues that can arise. The Equality Act establishes some fairly broad guidelines and definitions, and with come types of illnesses or impediments, it can be very difficult for the employer to establish whether the READ MORE

How to avoid mistakes with constructive dismissal

08/03/2014

It is often the case that we are approached by employees who have a genuine grievance, in relation to the manner in which they have been treated during their employment, but are unsure as to the next steps to take. It may be that they consider the complaint so bad that they can no longer READ MORE

Should more employers sue employees for breach of contract ?

13/01/2014

Employment breach of contract It’s relatively rare for employers to take legal action against employees, except in 2 contexts :- seeking an injunction and damages for breach of restrictive covenants action for fraud or theft The latter is often a matter of principle, the former is usually action taken against senior employees who are alleged READ MORE

Pay in lieu of notice

10/01/2014

Generally speaking in employment contracts, there is a statutory right to a notice period of one week minimum (having worked for that employer for a minimum of 4 continuous weeks). If your employer has included in your contract a notice period which is shorter than this, it is not valid, as your statutory right overrides READ MORE