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Employment

Restrictions – SPAs

There is a distinction to be made between restrictive covenants in an employment contract, as opposed to restrictive covenants in a shareholders agreement (often called an investment agreement) when a business is sold under a sale and purchase agreement (SPA).

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Collective consultation – overseas

If an overseas employee has a ‘sufficiently strong connection’ with GB (and British employment law) then that employee may be able to bring an ET claim in this country.

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Week’s pay – pension

The EAT has held that a ‘week’s pay’ must include employer pension contributions.

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Pregnancy rights – from pregnancy

The Advocate General has given an opinion that the employment rights of pregnant women arise from the moment they become pregnant (ie even if the employee – let alone the employer – is unaware of the pregnancy!).

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Termination payments – tax

Major changes to the taxation of termination payments come into force on 6 April 2018:

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Grievance – confidentiality

If an employee registers a grievance against another employee then to what extent are the disciplinary processes confidential?

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Right to work – new guidance

The Home Office has issued updated guidance on employers’ right to work checks. The changes are too detailed to list here but they reflect the increasing scrutiny being put on immigration status in the employment context.

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Suspension – repudiatory act?

An experienced teacher was suspended pending an investigation into allegations of rough behaviour against young school children. She had only been at the school for a few weeks and had no previous experience of dealing with disruptive youngsters; she had previously asked for help but no meaningful help had been supplied. She argued that the suspension was repudiatory conduct and she therefore regarded herself as dismissed, and able to bring a constructive dismissal claim.  

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Whistleblowing – manager’s liability?

A chief executive made whistleblowing disclosures in relation to corporate governance. Some months later, two directors agreed that he should be dismissed. The whistleblower then sued those two directors personally (as well as the company) for the losses flowing from the ‘unlawful detriments’ suffered as a result of the whistleblowing. The EAT held that those claims could proceed.  

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Restrictive covenant – ‘competing business’

It is very common to have a restrictive covenant preventing an employee from being ‘concerned or interested in’ any competing business for a period of six months from termination.  

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