1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Insight: UK Employment Law Round-up – December 2016

Employment Round Up THUMBNAIL Welcome to the December edition of our employment law round-up. In this edition, we couldn’t fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme Court on Article 50. Other festive treats include a summary of recent restrictive covenants cases (first published on HR-Inform) and unfair dismissal litigation. We have also given you our take on calculating rest breaks for workers, and the dangers of using employees’ personal data unlawfully.

Read the full newsletter here.

Insight: UK Employment Law Round-up – December 2016

Why restrictive covenants must be fit for purpose

Learning the lessons from recent case law – see our recent article for People Management

For employers, the turn of the year is a double-edged sword: it’s the best time to find new hires, but it’s also an organisation’s most vulnerable time of the year for losing key staff.

On such occasions, post-termination restrictions are an important tool in an employer’s toolkit for protecting confidential information, trade connections and the stability of their workforce. However, the law on the enforceability of employment-related restrictive covenants is a minefield, and there have been a flurry of employee competition cases recently in the High Court, some of which have muddied the waters…

http://www2.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2016/12/06/why-restrictive-covenants-must-be-fit-for-purpose.aspx#

Why restrictive covenants must be fit for purpose

Insight: How to protect your business from badly behaving employees

HR Magazine published our article today on considerations for businesses when discovering foul play by their employees. This article also covers the impact of the European Union Trade Secrets Directive and the recent pro-employer decision in Arthur J. Gallagher Services (UK) Limited v Skriptchenko.

Click here to read the full article.

Insight: How to protect your business from badly behaving employees

Non-compete clauses: Government to investigate the impact

The Government’s view is that the UK thrives on innovation. It recognises that innovation enables businesses to develop new ideas, products and services and create new jobs and export opportunities.

With this in mind, the Government has launched a call for evidence to look at whether post-termination restrictions in employment contracts act as a barrier to employment, innovation and entrepreneurship. A post-termination restriction can prevent former employees from working for a competitor, contacting former clients or employing or engaging former work colleagues. The duration of such clauses may be as long as 12 months.

While the contractual clauses protect businesses, they can be restrictive on employees and considered anti-competitive if the clauses are wider than is necessary to protect the business.

It is difficult to see how banning the use of post-termination restrictions would generate innovation. The damaging effect on employers is clearer to see. An employer that has invested time and money in an employee who is then allowed to go off and immediately compete has lost any chance to protect its business and client relationships from that competition.

The consultation closes on 22 May 2016.

 

Non-compete clauses: Government to investigate the impact

Insight: Team moves – snaring the poachers

A competitor poaching a team of employees can be devastating to a company’s ability to carry on business and service its clients. Below is a summary of key points to consider in relation to a potential team move.

Identification and prevention

The scenario: You employ a senior employee. They develop a close professional relationship with their team. The senior individual leaves your employment. Several members of the team resign shortly afterwards. You understand that they are all going to work for the same employer.

Read the full article here.

Insight: Team moves – snaring the poachers