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Legal

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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Legal

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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Legal

Introducing Early Conciliation!

6 April 2014 sees the introduction of Early Conciliation (“EC”).  Conciliation, an alternative dispute mechanism currently offered to the parties in many types of employment claim, is soon to be thrust more forcefully upon them. New rules will make Early Conciliation available to potential claimants in most types of employment proceedings from this April.  From […]

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Legal

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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Legal

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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Legal

Claimant (yes, Claimant!) ordered to pay record costs

An Employment Tribunal in Makanjuola v Waltham Forest Council [2014] has made a costs award of over £117,000 against the Claimant. Mr Makanjuola (M) had worked for the London Borough Council of Waltham Forest as an Environmental Health Enforcement Officer for 19 years. He was dismissed for gross misconduct and subsequently made 69 separate allegations […]

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Legal

“It’s not over when it’s over” when it comes to victimisation

The Court of Appeal has upheld the right of a former employee (Mr Jessemy, “J”) to claim victimisation by his ex-employer who gave J a bad reference due to J’s discrimination claim. J brought proceedings for age discrimination and unfair dismissal against his former employer, Rowstock Ltd (“R”). When J then tried to get another […]

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Legal

Protecting Beliefs: Indirect religious discrimination and the workplace

Around Christmas one of Marks & Spencer’s Muslim checkout workers refused to sell alcohol to a customer. During the resulting media furore, the retailer explained that where an employee’s religious belief restricted what food or drinks they could handle, it tried to place them in a “suitable role.” Whilst each supermarket chain had its own […]

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