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Are you liable if you dismiss an employee working abroad? Once again the Courts have gently moved the goalposts that determine whether someone working abroad can bring an unfair dismissal or discrimination claim in the UK Employment Tribunals.  Is the recent Olsen v. Gearbulk case below the final position (or just the latest nudge)?   Or will there be more nudging to come?  The last word probably hasn't yet been written. I advise quite a few UK organisations that have an international brand and...

Of all the issues that affect employers and individuals, the use of zero hours employment contracts was one that was particularly picked up on by, and debated, in the media last year. Are they one of the ways by which the UK has developed a flexible labour force able to avoid the levels of unemployment seen recently in some other European countries? Or are they (as Dave Prentis General Secretary of Unison has argued) "a return to the bad old days...

There is a new limit on the maximum compensatory award for unfair dismissals.   For terminations which fall after Monday, 29th July 2013, the limit of the compensatory award in most types of unfair dismissal claims is now 52 weeks' pay or £74,200 (as at 1st 1 February 2013), whichever is the lower.  The limit remains at £74,200 for terminations on or before 28th July 2013....

On 29th July 2013, the law is changing so that evidence of "pre-termination negotiations" is inadmissible in ordinary unfair dismissal proceedings unless there has been "improper behaviour".   Pre-termination negotiations means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. The Government’s intention is to give employers greater protection when offering settlement agreements outside the context of litigation. All forms of...

I am often asked by senior executives to explain how the law allows an ex-employer to stop them approaching or dealing with clients they have known for many years, or, in some cases, from working within the same sector at all.   To make matters worse, they are not even paid for some of the period they are kept out the market. Surely it is a restraint on trade, and unenforceable? The answer is that well drawn garden leave clauses and post-termination restrictive...