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Automatic Unfair Dismissal and Covid-19 By Zoë Wigan In what is understood to be the first consideration by the EAT of a Covid-19 related dismissal, the EAT has confirmed that Mr Rodgers’ dismissal after absenting himself from the workplace was not automatically unfair because he neither had a…
Restrictive covenants: 12 Month non-compete clause enforced by the High Court By Zoë Wigan The High Court has enforced a twelve month non-compete clause which was included in an employment contract against an employment lawyer.
Unfair dismissal: A dismissal may be unfair even if the employee has volunteered for redundancy By Ceri Fuller The EAT has held that a tribunal was wrong to strike out a claim for unfair dismissal on the basis that it had no reasonable prospect of success because the claimant had requested redundancy.
Employment Matters - May 2022 - Health By Hilary Larter This month the Government has confirmed that a draft statutory code of practice on dismissal and re-engagement will be published and consulted on when parliamentary time allows. At the same time it has also been reported that the changes to flexible…
Employment Matters - May 2022 By Hilary Larter This month the Government has confirmed that a draft statutory code of practice on dismissal and re-engagement will be published and consulted on when parliamentary time allows. At the same time it has also been reported that the changes to flexible…
Employment Matters - April 2022 Independent health By Hilary Larter In this month’s alert we pick up on the latest guidance for employers on reducing the spread of COVID-19 and other respiratory illnesses. Away from COVID-19 developments, we have seen several cases concerning privacy and confidentiality of…
Preparing for the Future – Pensions Dashboards By Beth Brown Back in February last year, the Pension Schemes Act 2021 introduced the framework for pension dashboards with the details to be set out in Regulations.
Industrial action: Protection from suffering a detriment for participating in industrial action By Ceri Fuller Overturning an EAT judgement, the Court of Appeal has held that UK legislation cannot be read as giving protection to employees against suffering detriment which falls short of dismissal for taking industrial action.
Privacy and confidentiality: Expectation of privacy in respect of criminal investigations By Ceri Fuller The Supreme Court has confirmed that an individual who is the subject of a criminal investigation will usually have a reasonable expectation of privacy in respect of the investigation until he or she is charged.
Privacy and confidentiality: No privacy of personal emails sent on business email accounts By Ceri Fuller The Court of Appeal has dismissed an appeal in unsuccessful proceedings for misuse of private information and breach of confidence where an employee had sent personal emails from a business email account.