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Reasonableness of restrictive covenant

27 August 2012 by Nicola Brown

It is established in case law that the courts will find a restrictive covenant to be void unless it is in place to protect a legitimate business interest and it is reasonable in scope. If the restriction goes further than is reasonable, the courts will not be prepared to enforce it. read more »

Ceasing to provide benefits after the age of 65

27 August 2012 by Nicola Brown

The abolition of the default retirement age has seen a substantial increase in the number of people remaining in employment over the age of 65.  One issue which this has raised with a number of employers is the cost of continuing to provide some insured benefits to older people.  Two of the main areas... read more »

Surrogacy and maternity rights

27 August 2012 by Nicola Brown

The Government is considering whether to allow employees who are mother to a child born by surrogacy arrangements to be able to take maternity leave and pay. Currently, the law does not provide for any maternity leave or pay unless the employee is the baby’s birth mother. Mothers of adopted children are able... read more »

Working from home – points to consider

31 July 2012 by Nicola Brown

With the constant forward march of technology, home working is being considered by businesses as a way for their employees to work, whether on a permanent or temporary basis. The media have reported that many London employers are encouraging employees to work from home to avoid congestion during the Olympics. There are a number... read more »

Holidays and Sickness – some clarification from the Court of Appeal in NHS Leeds v Larner

31 July 2012 by Nicola Brown

The question of whether or not an employee who is off sick needs to request their holiday during the holiday year in question has been answered by the Court of Appeal – at least for the moment! In 2010 we reported that an employment tribunal in the case of Khan v Martin McColl... read more »

Redundancy scoring – should a Tribunal interfere?

31 July 2012 by Nicola Brown

When an employer is in a position where it needs to reduce its workforce by making redundancies, it is often faced with the dilemma of how to choose which employees should go, and which should stay.  Where there are a number of employees with similar roles, this is normally done by identifying the... read more »

Q&A: Reserve forces

31 July 2012 by Nicola Brown

The reserve forces have been in the news recently, as the Government has announced that the armed forces will be cut dramatically, and the number of reserves will be doubled to 30,000 to plug the gap. This of course means that you will be more likely than ever to have a reservist on... read more »

Underhill reviews the rules

31 July 2012 by Nicola Brown

In November 2011, senior judge Mr Justice Underhill was asked to lead a working group with an aim of a reviewing the Employment Tribunal Rules of Procedure. The results of that review were published on 29 June 2012. These make interesting reading and can be found here along with... read more »

Fees in Employment Tribunals – definitely coming in 2013

31 July 2012 by Nicola Brown

It has been on the horizon for some time, but the Ministry of Justice has finally announced the results of its consultation on introducing fees for Employment Tribunal cases. The aim of the proposals is to try to cover some of the costs of the Tribunal system. Unsurprisingly, the outcome is that fees... read more »

CIPD Employment Law Update Seminar - 29 November 2012

31 July 2012 by Nicola Brown

Pure Employment Law are delighted to have been invited by the local Chartered Institute of Personnel & Development (CIPD) branch to speak at this year's Employment Law Update seminar in Chichester.We will be covering a number of areas of employment law, to be decided nearer the time to enable the seminar to be... read more »

Employment Law Update Seminar - 5 July 2012

6 July 2012 by Nicola Brown

We were delighted to see so many people at our seminar on 5 July and hope everyone found it interesting - the feedback we have had so far has been great. Here's a copy of our slides - if you have any questions about any of the content (or if there's anything else we can... read more »

Compromise agreements, protected conversations, no fault dismissals - now settlement agreements

28 June 2012 by Nicola Brown

As you will be aware, we have been providing regular updates on the progress of the Government’s proposals to reform various areas of employment law. In particular, they have been looking at ways to make it easier for employers and employees to have “frank discussions” about ending the employment relationship. This is to... read more »

The Enterprise and Regulatory Reform Bill - what does it mean for employers?

28 June 2012 by Nicola Brown

Following various ‘calls for evidence’ and consultation exercises, the Government has finally decided which of its proposals to reform employment law it wishes to pursue. The Enterprise and Regulatory Reform Bill is currently going through the committee stage in Parliament, and no doubt there will be some amendments made before the provisions... read more »

Holiday and sickness - more case law

28 June 2012 by Nicola Brown

Yet again the European Court of Justice has been dealing with the issue of what happens where an employee is sick during a period of pre-booked annual leave. In the Spanish case of ANGED v FASGA the court confirmed that the right to take annual leave is a significant right under European law,... read more »

Q&A - Changing terms of employment

28 June 2012 by Nicola Brown

I am the Managing Director at a production company. My employees work in two different shifts. I would like to vary the shifts so they each commence 1 hour earlier and finish 1 hour earlier as this works better with the maintenance team. There will not be any impact on their pay. The... read more »

Back in the spotlight - the Equality Act 2010

28 June 2012 by Nicola Brown

No doubt you will all remember the introduction of the Equality Act 2010 which brought discrimination legislation "under one roof." Two years on, and the Government is seeking to make a few amendments, mainly to address areas of the Act that have not been extensively used or have been criticised by employers. ... read more »

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