Employee competition and confidentiality

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Latest Employment News

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Employment weekly highlights—8 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—8 April 2021

Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

Employment weekly highlights—1 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—1 April 2021

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Employee competition and confidentiality content

Practice notes

Post-termination restrictions on competition

This Practice Note examines the various types of post-termination restrictions (restrictive covenants) that are typically found in contracts of...

9th Apr

In-house

Practice notes

Decisions on post-termination restrictions and garden leave in employment contracts

This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment...

9th Apr

In-house

Practice notes

Interim injunctions in employee competition claims

The remedies available in cases involving attempts to enforce express and implied terms of the contract of employment in employee competition cases...

9th Apr

Practice notes

Freezing orders in employee competition claims

Freezing orders were formerly known as Mareva injunctions, named after the claimant in one of the first cases in which such an injunction was...

9th Apr

Practice notes

Incorporation of post-termination restrictions

For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract...

9th Apr

Practice notes

Legitimate business interest

As noted elsewhere (see Practice Note: Restraint of trade), a post-termination restriction will be unlawful, and therefore unenforceable, unless the...

9th Apr

Practice notes

Confidential information and trade secrets in employment

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 9th Apr

Practice notes

Restraint of trade

It is a basic principle of common law that an individual should be free to follow their trade or calling when, where and in what manner they wish....

9th Apr

Practice notes

Springboard injunctions in employee competition claims

In some cases an employer will seek an injunction to protect himself against the activities of a former employee who, before the termination of his...

9th Apr

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Apr

Practice notes

Delivery up orders in employee competition claims

An order for delivery up is type of a mandatory injunction which can be used to compel the return of documents or other items wrongfully taken from...

9th Apr

Practice notes

Post-termination restrictions—severance

In order to be enforceable, the terms of a post-termination restriction must do no more than the minimum necessary to protect the legitimate business...

9th Apr

Practice notes

Search orders in employee competition claims

A search order will generally provide that the claimant employer may enter into the defendant's premises, and may search for and seize relevant...

9th Apr

Practice notes

Restrictions and other express terms during employment

An employee will be under certain implied duties during employment. These will vary depending on the seniority of the employee and whether he is...

9th Apr

Practice notes

Team moves from an LLP or partnership

In a team move, two or more partners of the same partnership or members of the same limited liability partnership (LLP) leave that entity and either...

Produced in partnership with David Reade QC of Littleton Chambers 9th Apr

Practice notes