Posts Categorized: Employment and HR

Court Rules Restrictive Covenants Are Enforceable

In the recent case of Bartholomews Agri Food Limited v Thornton, the High Court found that a restrictive covenant included in the contract of employment of an agronomist from the time he began working for his employer as a trainee was manifestly inappropriate at that time and remained unenforceable throughout his employment. Furthermore, as the… Read more »

Unlawfully Dismissed Football Manager Wins Compensation

Constructive dismissal occurs when an employee resigns and can demonstrate that he or she is entitled to do so because the employer shows by their conduct that they no longer intend to be bound by the essential terms of the employee’s employment contract. When this is the case, the employer’s conduct is termed a ‘repudiatory… Read more »

LLPs and Whistleblowing – EAT Gives Guidance

Members of limited liability partnerships (LLPs) are not ’employees’, but they are ‘workers’ and are thus entitled to all the legal protections afforded by the whistleblowing provisions of the Employment Rights Act 1996. That point was made in the case of a senior solicitor who claimed that he had been forced out of a law… Read more »

Employer’s Refusal to Extend PHI Not Age Discrimination

In a case which emphasises the importance of clarity of language when providing information on employees’ contractual entitlement to Permanent Health Insurance (PHI) benefits, the Employment Appeal Tribunal (EAT) has upheld the decision of an Employment Tribunal (ET) to strike out a woman’s claims for direct age discrimination and unauthorised deduction from wages (Smith v… Read more »

The Importance of Conducting a Fair Disciplinary Process

A local authority employee who complained that his job description did not match his duties and that he was substantially underpaid for the work he in fact did has had his hopes of compensation for alleged unfair dismissal boosted by a tribunal ruling (Holman v Devon County Council). Mr Holman had worked for Devon County… Read more »

UEFA European Championship 2016 – Are You Ready?

With the UEFA European Championship due to kick off shortly (the first match, France v Romania, is on Friday, 10 June at 20:00 UK time and the final is scheduled for Sunday, 10 July), employers who have not already done so should ensure they have policies in place to deal with any issues that could… Read more »

Psychoactive Substances and Your Workplace Drug Policy

The Psychoactive Substances Act 2016, which received Royal Assent on 28 January 2016, came into force on 26 May 2016. The Act makes it an offence to produce, supply, offer to supply, import or export any psychoactive substance if it is likely to be consumed for its mind-altering properties. There is a list of exemptions,… Read more »