Recent cases have highlighted the importance of HR teams and managers having a basic knowledge of the types of challenges neurodivergent individuals can face in dealing with common recruitment and workplace processes and practices, but not assuming that everyone with a given condition will have the same difficulties.  It will always be important to obtain … Read more

The precise date of a TUPE transfer can be important for determining an employee’s right to claim unfair dismissal and against which party, but the date may not be obvious where the transfer involves a series of transactions over a period of time, all the more so where part of the operations are based outside … Read more

As usual, the weeks before the Summer Parliamentary recess have seen a flurry of consultation announcements and legislative progress.  Our round-up is below: Legislation Reforms to right to request flexible work: The Employment Relations (Flexible Working) Bill received Royal Assent on 20th July 2023. It requires regulations to be implemented, but once in force will: … Read more

The last month has seen two important Court of Appeal decisions for multinational employers with European Works Councils.  The first is relevant to employers with European Works Councils established in the UK pre-Brexit, due to the central management being situated in the UK.  The Court of Appeal ruling in easyJet plc v easyJet European Works … Read more

The Employment Relations (Flexible Working) Bill received Royal Assent on 20 July 2023. It requires regulations to be implemented, but once in force will: allow employees to make two (rather than one) flexible working requests in any 12 month period (but there can only be one live application at a time), require employers to consult … Read more

The President of the Employment Tribunals (Barry Clarke) recently published new Guidance on Alternative Dispute Resolution (“ADR“). For the most part this is sensible updating of the Guidance issued by his predecessor in 2018, outlining the different forms of ADR that parties are encouraged to use.  However it introduces a new form of ADR for … Read more

The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled employee in a dispute about entitlement to bonus payments: Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm). The decision shows that an English court will ordinarily grant an anti-suit injunction to protect a UK-domiciled … Read more

Unreasonable delay can defeat an application for an interim injunction to enforce a restrictive covenant even if the individual has not yet started working at a competitor. However, the delay does not disentitle the original employer to a speedy trial. In Jump Trading International v Couture, the High Court held that there was a serious … Read more