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Employee duties and restrictions on competition

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Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

The following Employment news provides comprehensive and up to date legal information on Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

The following Employment news provides comprehensive and up to date legal information on Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

Employment weekly highlights—16 September 2021

Employment weekly highlights—16 September 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—16 September 2021

Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

The following Employment news provides comprehensive and up to date legal information on Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

Featured Employment content

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference...

Payment in lieu of notice (PILON)

Payment in lieu of notice (PILON)

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...

Direct discrimination

Direct discrimination

Direct discriminationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Guarantee payments

Guarantee payments

Guarantee paymentsThis Practice Note explains the right to a guarantee payment, which provides limited pay protection for certain employees who are...

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...
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19th May
Practice notes

Office-holders

Office-holdersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes

Sunday working

Sunday workingFORTHCOMING CHANGE: Certain aspects of the protections afforded under the ERA 1996 to shop and betting workers are to be strengthened by...
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19th May
Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...
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19th May
Q&As

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer...
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19th May
Practice notes

Statutory minimum notice

Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...
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19th May
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Practice notes

Redundancy—fair procedure: individual consultation

Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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19th May
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Practice notes

Time off work for antenatal appointments

Time off work for antenatal appointmentsAn employer or, where applicable, a temporary work agency or hirer, cannot unreasonably refuse to allow a...
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19th May
Practice notes

Types of whistleblowing claim

Types of whistleblowing claimIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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19th May
Practice notes

Early judicial assessment of employment tribunal cases

Early judicial assessment of employment tribunal casesCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland...
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19th May
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Practice notes

Continuity of employment

Continuity of employmentUPDATE: In its ‘Good Work Plan’ published in December 2018, the government has indicated that it will legislate to extend the...
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19th May
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Practice notes

Calculators on Lexis®PSL Employment

Calculators on Lexis®PSL EmploymentThis Practice Note explains and summarises the suite of calculators designed specifically to assist employment...
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19th May
Practice notes

Disclosure in employment tribunal proceedings

Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
Practice notes

Definition of dismissal in unfair dismissal

Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
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Practice notes

Striking out and unless orders in employment tribunal proceedings

Striking out and unless orders in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...
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19th May
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Practice notes

Effective date of termination

Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...
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19th May

Most recent Employee duties and restrictions on competition content

Q&As

Would the duration of a post-termination restriction be reduced by the period of an employee’s suspension from work during a disciplinary investigation (during which they are not permitted to contact clients etc), in the same way as it would be reduced by a period of garden leave?

Would the duration of a post-termination restriction be reduced by the period of an employee’s suspension from work during a disciplinary...
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17th Sep
Q&As

If an employee is on sick leave during their notice period and therefore has no contact with clients, could it be argued that the period of post-termination restrictions can be reduced as it would typically be if they were placed on garden leave?

If an employee is on sick leave during their notice period and therefore has no contact with clients, could it be argued that the period of...
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17th Sep
Practice notes

Non-disclosure agreements (NDAs) and confidentiality provisions in employment

Non-disclosure agreements (NDAs) and confidentiality provisions in employmentIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31...
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17th Sep
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Precedents

Executive service agreement

Executive service agreementThis Agreement is made on [date]Parties1[Name of company], a company incorporated in England with registered number...
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10th Sep
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Practice notes

Team moves from an LLP or partnership

Team moves from an LLP or partnershipIn a team move, two or more partners of the same partnership or members of the same limited liability partnership...
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Produced in partnership with David Reade QC of Littleton Chambers 11th Aug
Practice notes

The duty of fidelity and fiduciary duties

The duty of fidelity and fiduciary dutiesAll employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty...
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11th Aug
Practice notes

Recruiting from a competitor—issues for employers

Recruiting from a competitor—issues for employersThis Practice Note examines the legal and practical issues that may arise when an employer (referred...
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11th Aug
Practice notes

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

Decisions on post-termination restrictions and garden leave in employment contractsThis Practice Note summarises key decisions on the enforceability...
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11th Aug
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Practice notes

Confidential information and trade secrets in employment

Confidential information and trade secrets in employmentIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this...
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Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 11th Aug
Practice notes

Garden leave and the right to work

Garden leave and the right to workIn broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay...
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11th Aug
Practice notes

Restrictions and other express terms during employment

Restrictions and other express terms during employmentAn employee will be under certain implied duties during employment. These will vary depending on...
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11th Aug
Q&As

Would giving evidence to a Parliamentary select committee be an exception (or defence) to the duty of confidentiality?

Would giving evidence to a Parliamentary select committee be an exception (or defence) to the duty of confidentiality?The duty of fidelity implied...
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11th Aug
Q&As

Does the ongoing duty for ex-directors to avoid conflicts of interest in the Companies Act 2006 cover a duty not to poach key staff?

Does the ongoing duty for ex-directors to avoid conflicts of interest in the Companies Act 2006 cover a duty not to poach key staff?Sections 171–177...
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11th Aug
Q&As

Can an employer reasonably include a restriction within an employment contract to restrict the employee from using a competitor's service instead of the employer’s service, eg whether the employer carries on business as a bitcoin exchange, delivery service, or bank?

Can an employer reasonably include a restriction within an employment contract to restrict the employee from using a competitor's service instead of...
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5th Aug
Q&As

How can an employer prevent a former employee from dealing with a large client, where the client has a number of different divisions or departments?

How can an employer prevent a former employee from dealing with a large client, where the client has a number of different divisions or departments?A...
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1st Aug
Q&As

How do I protect confidential information in the workplace?

How do I protect confidential information in the workplace?What counts as confidential information? The legal definition of confidential information...
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31st Jul
Q&As

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to capture all types of disclosure by the main disclosing party?

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to...
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Produced in partnership with Michelle Last of Keystone law 31st Jul
Q&As

Does a self-employed contractor owe a duty of confidentiality and fidelity to its client, eg in respect of customer lists?

Does a self-employed contractor owe a duty of confidentiality and fidelity to its client, eg in respect of customer lists?The first question to be...
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31st Jul
Practice notes

Restrictive covenants in employment—a guide to our materials

Restrictive covenants in employment—a guide to our materialsThis Practice Note contains links to all Lexis®PSL Employment documents relating to...
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31st Jul
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Practice notes

Team moves—employer protection

Team moves—employer protectionIn a team move two or more employees of the same employer leave that employer and either set up in business on their own...
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30th Jul

Popular documents

Indemnity costs orders—principles

Indemnity costs orders—principles

Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare

Discharge by frustration

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus (COVID-19) and contractual obligations—checklisttogether with the Q&A (in the related content pod on the right hand side) for

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)