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Showing 402 results for Contracts
Beware unsigned contracts when seeking to enforce post-termination restrictions
...contracts when seeking to enforce post-termination restrictions Employers who do not ensure that employees sign their employment contracts could face problems enforcing post-termination restrictions, ...
Enforcing post-termination restrictions in unsigned contracts
...contracts Although there is no legal requirement for employment contracts to be signed (as acceptance of the terms can be achieved verbally or inferred from conduct), most employers take a prudent app...
Injunction preventing fire and re-hire by Tesco overturned by Court of Appeal
...contracts. There was no evidence that anyone had considered the possibility that in the future Tesco might seek to “fire and re-hire”. The contracts should therefore be given their natural and ordinar...
PILONs and bonus payments
PILONs and bonus payments In Locke v Candy and Candy Limited, the Court of Appeal has concluded that an employee who is paid in lieu of their notice entitlement under a PILON, and is therefore not in...
Ban on exclusivity clauses for low-paid workers in force
...contracts which prohibit them from working for someone else or from doing so without their employer’s consent. Terms of this kind have been unenforceable in zero hours workers’ contracts since ...
Deduction from Wages Unlawful if Repayment Provision Unenforceable
Deduction from Wages Unlawful if Repayment Provision Unenforceable A deduction from wages authorised by the employment contract will not be lawful if the contractual repayment provision is unenforceab...
UK pension tax reform: end of contracting-out
UK pension tax reform: end of contracting-out Key issues for employers and trustees From 6 April 2016, defined benefit pension schemes will no longer be able to contract out of the State Second Pensi...
Absence of Umbrella Contract Relevant to Employment Status
Absence of Umbrella Contract Relevant to Employment Status When deciding whether someone employed on an assignment by assignment basis has the necessary employment status to bring a discrimination cla...
Zero Hours Contracts: Tackling Avoidance of Exclusivity Ban
...contracts, meaning that exclusivity clauses will be unenforceable in contracts under which a worker works less than a set number of hours each week or earns less than a set amount each week (both thre...
Jonas Gutierrez: lessons for employers - as published in HR Magazine
Jonas Gutierrez: lessons for employers - as published in HR Magazine The outcome of the footballer's disability discrimination claim against Newcastle United holds some valuable lessons Jonas Gutierr...
High Court Rejects Attempt to Enforce 12 Months Non-competition Covenant
...contracts and compromise agreements give your business the required level of protection. For further information or assistance please contact Peter De Maria or Peter Doyle.
Buyers and incoming service providers beware! Share scheme rights arising outside of the employment contract may transfer under TUPE
...contracts to confer various benefits. What does this mean for your business? Even where (as is usually the case) rights to participate in a share scheme are dealt with outside the employment contrac...
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits The EAT implied a term into an employee’s employment contract which prevented the employer dismissing...
T&Cs: Written terms which are inconsistent with the real terms may be disregarded
...contracts did not reflect the reality of the work arrangement between the valets and Autoclenz. They found that in practice the valets were required to attend work every day and do the work provided ...
Importance of Marking Settlement Offers “Subject to Contract”
Importance of Marking Settlement Offers “Subject to Contract” Failure to mark a settlement offer as “subject to contract” meant that a binding agreement had been reached when the offer was accepted. ...
Are your employment contracts ready for 6 April?
...contracts ready for 6 April? From 6 April, employers will have to include additional information in employment contracts, provide the information earlier and provide it to workers as well as employees...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim A six week delay in resigning did not preclude an employee from claiming that he had been constructively dismissed. In Chind...
Could work-related stress brought about by zero hours contracts really lead to an increase in ET claims?
...Contracts Zero Hours Contracts received a lot of bad press in recent months. These contracts do not guarantee work from a company, nor is the worker under an obligation to accept and carry out work w...
CIGA 2020: I’m a Supplier (and my customer’s insolvent) … Get me out of here!!
...contracts, and what options do suppliers now have in these circumstances?Scope of the banThe purpose of existing sections 233, 233A and new section 233B of the IA 1986 is to protect a customer’s contr...
Dismissal – The date of dismissal when there is a PILON involved
Dismissal – The date of dismissal when there is a PILON involved In Société Générale v Geys, the Court of Appeal has found that an employee’s contract of employment terminates on the date that the pay...