Law Archives - Goldenleaver
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  Should you be entitled to damages when no loss has been suffered? Sometimes an employee has clients who give their work to an employer only because a particular employee works there, and the employer will lose those clients' custom once the employee leaves. Sometimes that employee has post-termination restrictions that prevent them from still dealing with those loyal clients after leaving, but they continue to deal with them anyway. Strictly speaking, the employer has suffered no loss (because the clients would have gone...

  Silent Witness is a TV show where key characters actively search for forensic evidence.  But don’t take this approach in an Employment Tribunal! I was recently part way through a case where one of my witnesses thought it might be a good idea to find some extra evidence overnight to assist the Judge.  He knew he wasn’t supposed to discuss the case with us or the other witnesses, but didn’t think that he also had to keep mum generally while under...

  At last - something that's NOT about Brexit:  the Gender Pay Gap Regulations It's time to stop ignoring what private sector organisations with 250 or more staff must do after the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 come into force on 6th April 2017. Although the fact of a gender pay gap may not be rocket science, what's interesting is that the gender pay gap isn't a one-way gap.  Apparently it falls to about 9% for full time employees;...

Private emails at work - the latest twist “Furtive” is how many employers feel when they look at the private emails of a staff member who is the subject of a disciplinary investigation. The reason is the tension between an employer’s wish to check on what their employees are doing, and what those employees regard as their right to privacy,  even when using a work-related email account for private messaging. This tension was illustrated by the recent case of - Barbulescu v Romania...

Collective redundancies just got more complicated… again. It's a shame, because they had become simpler after the Woolworths case confirmed that you only have to focus on establishments within a business (rather than on a business as a whole) when deciding whether to consult collectively in a redundancy situation. Problem:  the trigger point for when an employer has to start consulting about collective redundancies may have been brought forward to a time that many employers would regard as being no more than an...

Finally we have (almost) official confirmation that the 20+ trigger for collective redundancies isn't relevant until the number of redundancies at individual sites each meets that threshold. But as the Ghost of Woolworths exits stage left (no doubt muttering "Collective redundancies - to consult, or not to consult: that is the question") - is the farce over? Possibly not...

Re-Use Collections Limited (Re-Use) v Mr Keith Sendall (1) and May Glass Recycling Limited (May Glass) (2) deals with some important issues that employers need to know about: What can be considered specific consideration (i.e. "value given by the employer") for the purposes of accepting new terms and conditions? Whether an employer can enforce restrictive covenants against a former employee where there has been no specific consideration given? Re-Use is a glass recycling business and had originally been a family run business (set...

The Employment Tribunal system has brushed with Virtual Reality: you may be liable for more employees than you think. How? The rights of overseas staff have taken up many column inches in recent years; employees in virtual reality less so. Recently a problem arose about someone who was both overseas and virtual; and this wasn't the subject of a science fiction novel. The issue is this: how far removed (physically or otherwise) from Great Britain does someone have to be before they...