It is vital to get the balance right when trying to protect your business by subjecting employees to restrictive covenants. If the conditions are not strict enough, they may not prevent the employee setting up a rival enterprise or helping a rival firm; if they are too strict, they may not be enforceable, as in
Changes to employment tribunals designed to save businesses £50m a year and make it easier for them to take on staff have now come into effect. The Government says it has streamlined the system to reduce some of the burden on employers and reduce the number of vexatious claims. The main changes are: The qualifying
The Supreme Court has ruled that an employer can operate a compulsory retirement age if it is “founded on legitimate social policy aims”. The case involved solicitor Leslie Seldon who was a partner at a law firm. In 2006, he was obliged to retire at the age of 65 under provisions contained in the firm’s
A manager whose redundancy was rushed through before his 50th birthday to avoid giving him up to £1m in pension benefits has lost his claim of age discrimination. The Court of Appeal ruled that the actions by the employer to save money were justifiable under the circumstances. Employment law specialists say it overturns previous case
Five bus drivers have won a claim of unfair dismissal after a change of employer meant they would have to spend up to two hours a day extra getting to their new depot. The case arose when the bus operator Centrewest transferred one of its routes in London to another operator, Abellio. The drivers were
The Government is asking businesses to express their views and concerns about workplace dismissal rules. The move is part of the wide ranging Employment Law Review, which aims to assess the awareness, understanding and the use of the ACAS Code of Practice on Discipline and Grievance. The Review will also look at the idea of
The national minimum wage for workers over the age of 21 is to increase by 11p to £6.19 an hour. That is a rise of 1.8%, which is lower than the rate of inflation but higher than the average increase in earnings, which rose by 1.4% in the year to January. The rate for 18
Fact Sheet: Transfer of Undertakings (Protection of Employment) Regulations 2006 The Transfer of Undertaking (Protection of Employment) Regulations 2006 or TUPE Regulations have a major impact on businesses in this country by preserving the continuity of employment and employment terms of transferring employees. Sarah Liddiard of Machins company commercial department explains some practical implications on
The economic downturn has obliged many businesses to make some of their employees redundant. Firms that find themselves in this position need to take great care to ensure the correct procedures are followed. Failure to do so could result in a successful unfair dismissal claim, as a recent case illustrates. It involved a woman who
An insurance company has been awarded damages and granted an injunction against a group of employees who left to set up a rival business. The court found that the group had committed numerous breaches of their employment contracts and fiduciary duty. They enticed others to resign and also used confidential company information while still employees.