Publications

In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.

In the recent case of Fentem v Outform EMEA Ltd, the EAT has confirmed that where an employee has resigned on notice, the bringing forward of their termination date and paying in lieu of notice, does not amount to a dismissal.

The employment tribunal has ordered an employer to pay a former Jewish employee £26,500 in damages after it fired him when he did not come to work on Passover.

On 15 March 2022 new regulations will come into force that will revoke the legal requirement for workers to be fully vaccinated against Covid-19 (unless exempt) to work in a CQC regulated care home.

Every tax year there is an increase to the core compensation limits for certain employment rights. Our blog this week provides the increases that will apply from April 2022.

The Court of Appeal has held in the case of Kocur v Angard Staffing Solutions Limited and others that regulation 13(1) of the Agency Workers Regulations (the Regulations) goes no further than conferring a right on an agency worker to be notified of relevant vacant posts.

The High Court held in Nissan v Passi that a whistleblower is not entitled to remove confidential legal documents from their employer for the purpose of taking legal advice.

The Employment Appeal Tribunal in the case of Citizens Advice Merton and Lambeth Ltd v Mefful have recently found that it was wrong for a tribunal to consider events after a decision to dismiss had been taken, when considering a claim of unfair dismissal.

The Court of Appeal in the case of Smith v Pimlico Plumbers Ltd has held that a worker can carry over leave that has been taken, but not paid.

In Allette v Scarsdale Grange Nursing Home Ltd, the employment tribunal held that the summary dismissal of a care assistant working in a nursing home who refused to be vaccinated against COVID-19 was fair, and the interference with her Article 8 right to privacy was justified. It is important to note that the requirement to be vaccinated and the resulting dismissal were before vaccinations became mandatory for care home staff.

In Hope v British Medical Association, the Employment Appeal Tribunal has held that a dismissal on the grounds of gross misconduct relating to the raising of multiple vexatious grievances was fair.

A growing list of big brand employers are changing their rules and cutting sick pay to the statutory level for unvaccinated employees with no mitigating circumstances or medical exemption, who are required to self-isolate after being identified as a close contact of someone with Covid-19. Background Currently, Statutory Sick Pay is extended to cover the