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Employment and partnership law

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Employment

The Civil Servant and the F1 engineer

For how long can employers stop ex-employees joining rivals?

Around the time as the Government was proposing limiting non-competition restrictions in employment contracts to three months, the head of the civil service tried to block Sue Gray from joining Labour as Kier Starmer’s chief of staff for two years. Some commentators referred to this as two years’ “garden leave”, which brought to mind my own experience of litigating how long Formula One teams could hold employees to lengthy fixed-term contracts. What is going on and how long can employers keep employees away from their rivals?

Continue reading “The Civil Servant and the F1 engineer”
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Is this how to stop sexual harassment?

Forty-six years after the Sex Discrimination Act 1975, in light of the #MeToo campaign, the Government has decided that the law against sexual harassment needs reinforcing, but will its proposals reduce harassment or simply add cost and red tape?

Continue reading “Is this how to stop sexual harassment?”

Policing positive action

I was once consulted by a former banker who wanted to establish a search firm to find exclusively female candidates for financial services roles. A nice idea, I told him, but fraught with legal difficulties. I have since heard that many search consultants, particuarly in the advertising world, are given the unofficial brief that a particular role needs to be filled by a woman. While this is obviously unlawful, what can employers do lawfully to address an imbalance in its workforce? Not much says a recent case involving the police… Continue reading “Policing positive action”

Agreed! Do I have to write it down?

If an employment contract states that it can be varied only in writing, what happens if you agree to vary it but don’t write down that variation? The law may have just changed… Continue reading “Agreed! Do I have to write it down?”

Be careful what you write (or say in the pub)

Redundancy is often seen as an easy way to get rid of difficult employees. Employees made redundant frequently suspect (with or without justification) that there was a nefarious reason behind their selection but there is rarely any direct evidence to support this and the employer’s deliberations are often hidden behind a cloak of ”legal privilege”. Recently however, one employer found that its plans to make a disabled lawyer redundant were not as protected as it thought… Continue reading “Be careful what you write (or say in the pub)”

Tell us who you’ve been talking to…

If your employment contract said you had to tell your employer if you were approached by a competitor, would you? Of course not! (Except, perhaps, as a tactical move to prompt a counter-offer). Such a provision couldn’t possibly be enforceable could it? It couldn’t lead to an injunction, could it? Could it?… Continue reading “Tell us who you’ve been talking to…”

When suspension = dismissal (or Nothing is certain)

Anyone working in HR or employment law will have heard umpteen times the phrase “suspension is a neutral act” and, on the whole, it is.  But, as a recent case reminds us, not always…

Very little in employment law is absolute and mistakes can be made if we assume the rules are rigid. Continue reading “When suspension = dismissal (or Nothing is certain)”

Open justice or blacklisting?

I admit it: I thrilled at the bank’s barrister squirming in London East Tribunal last year as he failed to obtain an order that my client’s whistleblowing claim be held in private – I was an ardent fan of open justice! But a development last month has made me wonder where I draw the line… Continue reading “Open justice or blacklisting?”

The Gender Pay Regulations – toothless but hidden venom

A taxi driver once asked me, having been told I was an employment lawyer, whether I represented “women who ask for a million pounds because someone made a remark about their tits”. Not only does this illustrate a common misperception of employment law, it is also relevant to the new, supposedly toothless, Gender Pay Gap Regulations. Continue reading “The Gender Pay Regulations – toothless but hidden venom”

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