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Restrictive Covenants: Court of Appeal will not rewrite the wrong

The Court of Appeal has upheld the former employee’s appeal in the case of Prophet plc v Christopher Huggett [2014] EWCA Civ 1013. Prophet was engaged in the business of developing, selling and updating computer software for use in the fresh produce industry.  One of its products was ‘Pr3’, a suite of integrated software applications. […]

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No penalty shoot-out for an employer who docked pay

The Employment Appeals Tribunal (EAT) has ruled that a clause in an employment contract permitting an employer to deduct a month’s pay when the employee left without working her notice period was not a penalty clause and was enforceable. A contractual clause which sets out in advance the amount of damages that the injured party […]

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Flexible working and its elastic limits

From 30 June employees with at least 26 weeks continuous employment will be able to make a request for flexible working under a revised statutory scheme. Employees feeling an imbalance between work and life may be drafting their written requests right now. But fear not employers! A right to request doesn’t necessarily translate into a […]

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Solid Foundations

When a business starts up, for many owners the first and foremost question is: “Sales, how can we make enough money to exist?”  Sales are the life blood of a business but there is also the important issue of future sustainability and setting the business off on the right path from the start. It’s very […]

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TEAM Members – Spring Clean – Employment Contract Audit

As one of your TEAM Legal Service Providers, HRC Law is offering TEAM Members an exclusive opportunity.  We’ll audit your standard employment contract for FREE. If you’d like to take advantage of this offer, please email: debbienuttall@hrclaw.co.uk by 23 May 2014.  Please title your email FREE TEAM EMP-CON AUDIT.  Please include your contact details in […]

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Restrictive covenants: When words may not be enough (to mean what they say)!

In the recent case of Prophet plc v Christopher Huggett [2014], Prophet plc was engaged in the business of developing, selling, and updating computer software for use in the fresh produce industry. Mr Huggett had been engaged as a sales manager for Prophet and his contract included post-termination restrictions. When he left for a competing […]

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Changes to Employment Law – April 2014

April 2014 is a busy month – HRC Law is one year old and there are a large number of changes to legislation which take effect on 6 April. Some important changes are: Early ACAS conciliation commences for pre-tribunal claims (optional until 6th May 2014) Abolition of statutory discrimination questionnaires Financial penalties for employers who […]

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Tweaks to TUPE now in force

TUPE (The Transfer of Undertakings (Protection of Employment) Regulations 2006) has just been changed. TUPE (pronounced “too-pee”) bites when a business transfers (“a business transfer”), and when a business out/in -sources, or changes, its third-party service provider (“a service provision change”). New Regulations and new guidance were published in mid-January with most of the TUPE […]

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Onshore employment intermediaries and False Self Employment

What’s proposed? Amendments to legislation to address the “false self-employment” problem: whereby certain workers are engaged through intermediaries and “disguised” as self-employed in order to avoid tax and other liabilities. Why?  To increase tax revenues and protect the workers involved. The problem: Engagers using self-employed workers (as opposed to employees) don’t have to pay 13.8% […]

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