Ruaraidh Fitzpatrick

This Practice Note examines the implied duties in relation to trade secrets and confidential information, and how to distinguish between these two categories of information. It considers how to distinguish between these two categories and others which cannot be protected. It examines how express terms can be used to identify and protect confidential information. Express terms protecting trade secrets and confidential information after employment are also examined. The whistleblowing legislation that renders void any contractual provisions that seek to prevent protected disclosures is outlined. Employees’ right to privacy and misuse of private information claims, and defences to breach of confidence claims are discussed. The provisions of Trade Secrets Directive (Directive 2016/943/EU) on the protection of undisclosed knowhow and business information (trade secrets) against their unlawful acquisition, use and disclosure is also outlined. The Trade Secrets (Enforcement etc) Regulations 2018, SI 2018/597, which implement the Directive in the UK, are also considered.

This Practice Note looks at how employers should deal with employees who are facing criminal charges, imprisonment or regulatory proceedings. It considers the basic principles of fairness and whether the conduct relates to the employment relationship. It also looks at the timing of an investigation. Particular offences such as dishonesty, sexual offences, and drug offences are considered. The effect of driving bans and imprisonment are analysed. Finally the questions of staying employment tribunal proceedings and injunctions to restrain disciplinary proceedings are considered.

This Practice Note provides guidance on the various aspects of industrial action from an employee’s perspective. It includes the employee’s right to ballot, the circumstances in which an individual employee may be liable and the potential consequences of industrial action.

This Practice Note provides guidance on various aspects of industrial action from an employer’s perspective. It considers what industrial action is and limitations on the right to take industrial action, It lists options potentially available to an employer when faced with industrial action and summarises the difference between protected industrial action, official industrial action and unofficial industrial action. It deals with resolving the underlying dispute through conciliation, making contingency plans to mitigate the impact of industrial action, including, in specific sectors, issuing work notices to ensure that minimum service levels (MSLs) are maintained during a strike, withdrawing pay of workers participating in industrial action, the circumstances under which an employer may apply for injunctive relief and the employer’s right to recover damages. It considers whether an employer is permitted to dismiss employees involved in industrial action, or take action short of dismissal, for which statutory protection against detriment may not apply.

This Precedent is a sample witness statement on the issue of disability for use in employment tribunal proceedings, known as a disability impact statement. It covers the elements that a claimant will have to establish in order to prove disability for the purposes of section 6 and Schedule 1 of the Equality Act 2010. It provides a framework to outline evidential matters including the identification of the mental or physical impairment, any medical diagnosis, any medication or other treatment, the duration of the impairment, and the substantial and long-term adverse effect the impairment has on day-to-day activities.

This Precedent is a pro-forma letter to an employee client about judicial assessment in the employment tribunal. It summarises the key points from the Presidential Guidance—Alternative Dispute Resolution (England and Wales) (July 2023) and, in particular, the Protocol on judicial assessment found at Appendix 2. It explains what judicial assessment is, when it takes place, its voluntary or consensual nature, the impartial role of the employment judge in providing an evaluation of the case, including remedy, and the confidential status of any assessment made. It sets out some of the pros and cons of judicial assessment and explains how these may be relevant to the employee’s overall strategy in respect of narrowing the issues in dispute or achieving an early settlement of the claim.