Articles - DAC Beachcroft

Articles by Joanne Bell

Enforceability of restrictive covenants – the devil is in the detail

Enforceability of restrictive covenants – the devil is in the detail

The judgment on 3 July from the Supreme Court is the first decision in a century that the highest court has considered employee restrictive covenants. ...

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) decision in Flowers v East of England Ambulance Trust. It confirmed that clause 13 ...

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) decision in Flowers v East of England Ambulance Trust. It has confirmed that volun ...

Majority of Court of Appeal find that  Uber drivers are Workers

Majority of Court of Appeal find that Uber drivers are Workers

The Court of Appeal (CoA), by a majority, has upheld the Employment Tribunal and Employment Appeal Tribunal (EAT) decisions that Uber drivers should b ...

Government sets out Good Work Plan - new rights for workers

Government sets out Good Work Plan - new rights for workers

Yesterday the Government published "The Good Work Plan" which sets out how it will implement 50 out of the 53 recommendations of the Taylor Review of ...

Court of Appeal judgment: Sleep-in shifts do not count as time work for National Minimum Wage (NMW) purposes

Court of Appeal judgment: Sleep-in shifts do not count as time work for National Minimum Wage (NMW) purposes

The Court of Appeal has today handed down its much anticipated judgment in the case of Royal Mencap Society v Tomlinson-Blake. In allowing Mencap's ap ...

Voluntary overtime should be included in holiday pay under Agenda for Change

Voluntary overtime should be included in holiday pay under Agenda for Change

The Employment Appeal Tribunal (EAT) has decided that clause 13.9 of Agenda for Change (AfC), which deals with pay during annual leave, gives a contra ...

Employment Matters June 2018

Employment Matters June 2018

This month has seen some interesting case law on unfair dismissal. We cover two constructive dismissal claims, neither of which are good news for empl ...

Constructive Dismissal : Last straws

Constructive Dismissal : Last straws

The Court of Appeal has confirmed that a last straw incident can revive the employee’s right to terminate even where the employee has affirmed earlier ...

Constructive Dismissal: Unilateral imposition of a pay cut can never be reasonable and proper

Constructive Dismissal: Unilateral imposition of a pay cut can never be reasonable and proper

An employer can never have a reasonable and proper cause for breaching the implied term of trust and confidence by unilaterally imposing a significant ...