Searching Content indexed under Employment Litigation/ Tribunals by James Libson ordered by Published Date Descending.
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Advocate General: Employees On Long-Term Sick Leave Should Accrue Holiday
The Advocate General to the European Court of Justice ("ECJ") has recently given her opinion in the case of Stringer v HM Revenue & Customs. This case concerns whether workers are entitled to paid annual leave during long-term sick leave.
28 Feb 2008
Reporting Misconduct
This month we look at some of the issues that may arise in relation to employees who have information about other employees' misconduct; whether they are under a duty to disclose it to their employer and whether the employer can protect their identity in any subsequent disciplinary proceedings.
14 Nov 2007
Age Discrimination - One Year On
The Employment Equality (Age) Regulations 2006 (the "Age Regulations") came into force on 1 October 2006. The Age Regulations prohibit discrimination on the grounds of age and are a far-reaching piece of anti-discrimination legislation - it is not limited to protecting only one particular group, but every employee (at one time or another) could potentially bring a claim under the Age Regulations.
29 Oct 2007
Stress And New Legislation
Work-related stress may have seemed a distant memory during the summer holidays but with most people now firmly back at work, we report this month on two Court of Appeal cases on stress in the workplace. We also give an overview of employment law developments taking effect next month.
20 Sep 2007
Restricting Employees´ Activities - How Far Can You Go?
This month we look at a recent case in which the Court of Appeal upheld a post-termination non-dealing clause in a contract of employment. We also consider the enforceability of restrictive covenants generally and whether the courts are beginning to take a more flexible approach to post-termination restrictions.
23 Aug 2007
Contacts List Stored In Outlook Belongs To The Employer
Moving on to this month's employment topic, we look at the recent case of PennWell Publishing (UK) Limited v Isles, which dealt with the ownership of contact lists stored by an employee on his employer's computer system. We will also give a brief overview of employee theft or misuse of confidential information and other data belonging to employers.
18 Jul 2007
When Can A Party Be Liable For Inducing A Breach Of Contract?
The tort of interference with contractual rights consists of inducing a person to break his or her contract with another party. In an employment relationship, this happens regularly in the context of industrial action when a union calls its members out on strike, but it can also be triggered where a new employer seeks to employ an individual who is bound by, for example, confidentiality or restrictive covenants and the new position involves a breach of those obligations.
20 Jun 2007
Time Is Up For Statutory Dispute Resolution Procedures?
It is unlikely that anyone dealing with disputes in the workplace could have failed to notice the introduction of the statutory disciplinary, dismissal and grievance procedures in October 2004 and the potential minefield these procedures created.
4 Apr 2007
The Status Of Agency Workers - Still A Muddle?
Two recent cases have dealt with the status of agency workers and whether a contract of employment can be implied between the agency worker and the end user (the client). In both cases, James v London Borough of Greenwich and Craigie v London Borough of Haringey, the Employment Appeal Tribunal (EAT) held that a contract should not be implied.
22 Mar 2007
Court Not Keen On Bonus Bonanza
Employers can breathe a sigh of relief following the recent case of James Keen v Commerzbank AG, in which the Court of Appeal has handed down a judgment dealing with the high profile issue of discretionary bonus payments.
8 Dec 2006
Lifting The Veil - Changes To The "Without Prejudice" Doctrine
The recent case of Brunel University & Anor v Vaseghi & Anor is another reminder of the caution employers should adopt when conducting "without prejudice" discussion.
9 Nov 2006
The Cost Of Good Health - Court Awards £800,000 To Bullied City Worker
Mishcon de Reya represented Helen Green against Deutsche Bank in this landmark case, which saw her being awarded over £800,000 in damages.
8 Sep 2006
Less Work, More Holidays?
When the Working Time Regulations came into force in 1998, the Government introduced a minimum statutory entitlement to paid holiday for the first time. The right was for workers to have 20 days holiday a year, pro rated for part-timers. However, this included the eight public holidays, and in practice this meant that lowly paid workers were often only granted the minimum entitlement of 20 days, including public holidays.
27 Jun 2006
When Grumbling Becomes A Grievance
Section 32 of the Employment Act 2002 requires that a complaint cannot be presented to the Employment Tribunal unless the Claimant has presented a written grievance to their Employer and waited 28 days before commencing any proceedings.
1 Jun 2006
When is a Grievance Not a Grievance?
Most of you will be aware that new statutory rules for grievance procedures were introduced in October 2004. With very little guidance available at the time, it was inevitable that the rules would ultimately have to be tested by the Employment Tribunals.
25 Jan 2006
What´s New From 1 October 2005? (Employment Update)
In recent years, changes to employment legislation have generally been scheduled to come into effect either in April or October every year. With 1 October 2005 approaching, this month's briefing will highlight the main legislative changes, which will take effect from this date.
22 Sep 2005
Flouting Employees´ Rights: The Costs Can Be Substantial
This month we report on a recent case in which an employee successfully claimed against her employer for breaching its obligations in relation to a request for flexible working. This is a useful illustration of the pitfalls of failing to deal properly with such requests. We also draw attention to a recently reported whistleblowing case where a prison officer was awarded nearly £500,000 after being badly treated as a result of reporting bullying and intimidation.
27 Jul 2005
Plus ca change, plus c´est la même change
This month we deal with a variety of topical issues, ranging from the current state of the Working Time Regulations op-out to proposed consultation obligations in relation to company pension schemes.
16 Jun 2005
Age Discrimination - Preparing for the Change
As you may be aware, new age discrimination laws are coming into force in October 2006. Draft regulations have not yet been published, but it is believed that the new legislation will have wide ranging consequences for employment practices and is likely to force a change in the culture of many workplaces.
25 May 2005
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