Jurisdiction: UK

UK: Employee documents created using employer’s IT systems may not be privileged against the employer

Simpkin v The Berkeley Group Holdings plc highlights the potential benefits for employers of a clear and comprehensive IT policy, referred to in the employment contract and signed by an employee, which provides that emails and documents sent using the … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Employees overseas – territorial scope of collective redundancy obligations

The EAT has confirmed that the obligation to consult about collective redundancies applies where the employees assigned to an establishment have a sufficiently strong connection to Great Britain and British employment law; it is not the connection of the establishment … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Redundancy

UK: Employees overseas – need for caution in using standard employment contracts

The fact that an employee working overseas is on an employment contract governed by English law is a relevant factor in determining whether he can bring an unfair dismissal claim in England, even if it was simply a standard contract … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Redundancy

UK: Compensation awards could increase following change in calculation of a week’s pay

The EAT in University of Sunderland v Drossou has decided that, contrary to previous practice, employer pension contributions should be included in the calculation of a week’s pay. This will increase the value of awards, in particular where the full … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans)

UK: Restrictive covenants – non-competes should not prevent minority shareholdings; non-solicits should usually only apply to individuals with whom the employee dealt

Employers should check that their template restrictive covenants prohibiting being directly or indirectly engaged or ‘concerned’ or ‘interested in’ competing businesses expressly carve out and permit minor shareholdings. The Court of Appeal has overruled a High Court decision in Egon … Continue reading

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Filed under Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Whistleblowing – an employee can bring a detriment claim against colleagues for their actions in dismissing him

The EAT in International Petroleum Ltd v Osipov has made clear that an employee can bring a whistleblowing detriment claim against a fellow worker in relation to their actions in dismissing him (for which the employer may be vicariously liable), … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

UK: Whistleblowing – Court of Appeal rules on meaning of ‘public interest’

Employers should not assume that the disclosure of an alleged breach of employment contract will necessarily be outside the scope of whistleblowing protection. The Court of Appeal has confirmed in Chesterton Global Ltd v Nurmohamed┬áthat disclosure of private workplace disputes … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: Statutory holiday pay must take account of voluntary overtime

The EAT has upheld first instance tribunal decisions that the calculation of statutory holiday pay (for the 4 weeks’ EU-derived holiday) should reflect voluntary overtime, voluntary standby and voluntary call out payments, provided that the work has been undertaken with … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Queen’s Speech and Brexit developments

The Queen’s Speech on 21 June 2017 set out the government’s programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017, … Continue reading

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Filed under Data protection and privacy, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Supreme Court rules tribunal fee regime is unlawful

The Supreme Court has this morning handed down its judgment that the fee regime introduced for Employment Tribunal and Employment Appeal Tribunal claims in July 2013 is unlawful under both domestic and EU law as it has the effect of … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK