The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring....
In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any competing business for six months after the termination of her employment was too wide to be enforceable. However, it was possible to remove the wider wording from the clause to leave a narrower, and enforceable, restriction. ...
In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ...
In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary....
In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive functioning. ...
We are pleased to complete the acquisition of a wholesale and distribution business for a client which further bolsters existing turnover and operations in different geographical areas....
The University of Cambridge was ordered by a tribunal to re-engage the Claimant after it admitted liability for her unfair dismissal. They refused, choosing instead to pay the Claimant an additional award. ...
By now you will be familiar with the ever-changing developments relating to holiday pay over the past several years. ...
The recently announced huge gift of £150 million to Oxford University by Stephen Schwarzman to fund a new institute for ethics in artificial intelligence is a reminder of the huge importance attached by many to the need for more ethical focus on issues arising from artificial intelligence and technology innovation....
For over 20 years, Clarkslegal has been an integral part of the UK delegation to the International Labour Organisation (ILO), the United Nations agency which sets international labour standards and monitors compliance with them. ...
In the recent case of Khawaja v Transport for London, a Tribunal found that an employee had been subjected to direct race discrimination by his manager in respect of the allocation of training opportunities. ...
The Immigration Team at Clarkslegal has supported the team at a leading London tech start-up in obtaining their Sponsor licence....
A very expert global panel convened at the ILO conference in Geneva on 14 June examined issues around how to produce decent jobs in the future. ...
In April we blogged about the upcoming reforms to the Tax framework - IR35. ...
The Women and Equalities Select Committee (“WESC”) has called for the government to either ban or reset the parameters on which NDAs are used by employers to silence employees’ allegations of unlawful discrimination and harassment in the workplace. The WESC has commented that it is “completely unacceptable that allegations of unlawful discrimination and harassment in the workplace are routinely covered up by employers with legally drafted NDAs”....
In December 2017 we blogged on the case of Kostal UK Ltd v Dunkley and others. ...
It is well understood that a recognised trade union can negotiate terms and conditions of employment, and that the outcome of negotiations is recorded in a collective agreement applicable to all staff in the trade union’s bargaining unit. However, the EAT has held that the terms of a collective agreement need to cover the same factual circumstances in an employee’s contract in order to be successfully incorporated....
Judgment in favour of ambulance workers could have wider implications, say employment lawyers. Voluntary overtime for ambulance workers should be factored into holiday pay allocations, providing such overtime is sufficiently regular to form part of a normal remuneration package, a court has ruled....
We now hear much of trade wars and tariffs. However, whatever President Trump and other world leaders do about their respective trade interests, there are also significant underlying trends that will before long cause major disruption to traditional trade and jobs. We should focus more on these trends and not just on the daily news round....
If one of the key individuals in your company, such as a manager or someone with technical skills, was to resign tomorrow morning, would you be able to identify their successor? This is a question that many businesses struggle to answer, with companies more likely to recruit from outside the business when vacancies arise, than look for a suitable replacement among their existing staff. ...