Confidentiality, duties and restrictions: enforcement

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The impact of COVID-19 and returning to work on mental health

The following Employment news provides comprehensive and up to date legal information on The impact of COVID-19 and returning to work on mental health

Unfair dismissal: 'manner' of carrying out health and safety activity is rarely separable from that activity (Sinclair v Trackwork Ltd)

The following Employment news provides comprehensive and up to date legal information on Unfair dismissal: 'manner' of carrying out health and safety activity is rarely separable from that activity (Sinclair v Trackwork Ltd)

Employment weekly highlights—6 May 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—6 May 2021

No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

The following Employment news provides comprehensive and up to date legal information on No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

Featured Employment content

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....

Collective agreements

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

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

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]...

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

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

Practice notes

Striking out and unless orders in employment tribunal proceedings

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

9th Nov

In-house

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

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

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

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

Practice notes

No response, rejected response or claim not contested: employment tribunals

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

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

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

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

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

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 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...

9th Nov

COVID-19

In-house

Practice notes

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),...

9th Nov

Practice notes

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...

9th Nov

Most recent Confidentiality, duties and restrictions: enforcement content

Precedents

Search order

Claim No. [insert claim number]IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]][Specify...

5th May

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...

4th May

Precedents

Executive service agreement

This Agreement is made on [date]Parties1[Name of company], a company incorporated in England with registered number [number] whose registered office...

27th 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

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

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

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

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

Account of profits in employee competition claims

The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between:•interim remedies...

9th Apr

Practice notes

Final and permanent injunctions in employee competition and confidentiality claims

This Practice Note considers the types of final injunction and permanent injunction.The remedies available in cases involving attempts to enforce...

9th Apr

Practice notes

Damages in employee competition claims

The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between:•interim remedies...

9th Apr

Practice notes

Garden leave and the right to work

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

9th Apr

Practice notes

Responding to a resignation

It is not inconceivable that the first indication an employer will have about potential competitive activity by an employee is when that employee...

9th Apr

Precedents

Witness statement opposing an application for a prohibitory interim injunction

Filed on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

Precedents

Drafting note for application notice for a search order

General pointsAn application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:•Application notice...

9th Apr

Precedents

Affidavit in support of an application for a search order

Filed on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname of deponent]Number of affidavit: [insert the number of...

9th Apr

Precedents

Order for an interim prohibitory injunction

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

9th Apr

Precedents

Witness statement in support of an application for a prohibitory interim injunction

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

Practice notes

Recruiting from a competitor—issues for employers

This Practice Note examines the legal and practical issues that may arise when an employer (referred to in this note as the 'new employer') seeks to...

25th Mar