Penalty clauses in employment contracts

19/11/2013

Payment of workers would normally be governed by an employment contract, if they are employed; or by a Consultancy Agreement if they are self employed. If, which is not entirely unusual, there is no written record then an Employee will seek to rely on an oral agreement confirmed by conduct. As a last resort, a READ MORE

The importance of data in discrimination claims

11/11/2013

Discrimination claims tend to fall into 2 broad categories – the first are where something has been said or done and the dispute comes down to oral evidence. The second category is what might be described as a paperwork or data type claim. Both employers and employees should be aware of the significance of data READ MORE

Redundancy criteria – is it possible to be too fair ?

11/11/2013

Employers often are concerned and confused during the troubling process and decision that staff must be made redundant. Many employers are now more aware that an exercise of simply approaching selection for redundancy on the basis of “last in first out” would rarely, if ever, be considered sufficient legally, however logical it may appear. Employers READ MORE

Examples of repudiatory breach that may constitute constructive dismissal

31/10/2013

Employees often face a very difficult decision as to whether to resign and try to claim constructive unfair dismissal. Few, if any employees will leave a job in such situations lightly, especially if they are aware that claiming constructive dismissal is not easy, with the initial burden of proof on the employee. There are myriad READ MORE

Obesity – is it a disability and what happens if it creates general health problems ?

29/10/2013

Determining whether an employee is disabled in the legal sense can be extremely difficult for employers, especially where there are a range of health issues, each of which, may, of itself, be borderline according to the legal definition. A particularly useful case on this point from the Employment Appeal Tribunal (EAT) is Walker v Sita READ MORE

Fixed term employment contracts

11/10/2013

There are many misapprehensions about fixed term employment contracts, perhaps chief among them being :- That having a fixed term contract necessarily assists an employer in limiting employment law liabilities such as unfair dismissal, discrimination and other employment law rights Employees believing that they will necessarily be entitled to be paid the full amount of READ MORE

Post employment restrictive covenants – a costly case of spot the difference

11/10/2013

A recent case turned on the following wording restricting an employee from poaching colleagues after he left :- “he shall not employ, engage, or appoint or in any way cause to be employed, engaged or appointed a critical person….” Many legal issues and disputes turn on just a few words, which is why an experienced READ MORE

Dismissing a company director

08/06/2013

When considering the dismissal of any employee there are a number of factors that must be taken into consideration and correct procedure must be followed. Is the director an employee? A key question to begin is – is the director an employee? Some directors are employees and some are self employed. It is likely there READ MORE

Do employers have rights to search employees ?

08/06/2013

Employment law includes many difficult areas where there is a conflict between what may be entirely legitimate concerns on the part of employers as against privacy and other legal rights of employees. But it’s in the contract A common mistake by employers is to believe that the way to protect their interests is to include READ MORE

Non-compete clause – make sure you can rely on the contract

08/06/2013

The purpose of a non-compete clause is to protect vital business interests when an important or senior employee leaves. Non-compete clauses can be problematic because they conflict with other important legal rights and principles such as freedom to work and restraint of trade. It is therefore imperative that non-compete clauses are carefully thought through, justifiable READ MORE