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Tag: Employment Law for Employers

Restrictive Covenants and Restraint of Trade – Supreme Court Guidance

Restrictive Covenants and Restraint of Trade – Supreme Court Guidance

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Professionally drafted restrictive covenants in employment contracts are a legitimate means of protecting businesses from unfair competition – but only insofar as they do not amount to an unreasonable restraint on an individual’s freedom to work. In an important test case, the Supreme Court considered

Circumventing a Collective Bargaining Process is Not Always Unlawful

Circumventing a Collective Bargaining Process is Not Always Unlawful

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Employers are generally barred from circumventing collective bargaining agreements by going behind trade unions’ backs and making direct offers to the workers they represent. In a ground-breaking decision, however, the Court of Appeal has ruled that that does not amount to trade unions having a

Overtime Must Be Factored In To Calculating Holiday Pay – Guideline Ruling

Overtime Must Be Factored In To Calculating Holiday Pay – Guideline Ruling

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Should voluntary overtime count as ‘normal remuneration’ when calculating a worker’s statutory holiday pay entitlement for the four weeks’ annual leave required under the EU Working Time Directive (WTD)? The Court of Appeal came to grips with that burning issue in a guideline case concerning

Disability Discrimination – Employers Don’t Have to Shut Their Eyes to Reality

Disability Discrimination – Employers Don’t Have to Shut Their Eyes to Reality

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Discriminating against sick employees is obviously unacceptable, but that does not mean that employers have to ignore health difficulties in deciding whether someone is fit enough to perform a particular role. The Court of Appeal succinctly made that point in the case of a chemical

Hiring Agency Workers? Do You Understand Your Legal Responsibilities?

Hiring Agency Workers? Do You Understand Your Legal Responsibilities?

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Engaging agency workers offers ease and flexibility, but employers who believe that they thereby divorce themselves from all legal responsibility are sadly mistaken. In a guideline case on point, a transport company was ordered to compensate agency workers who were paid less than their directly