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Showing 402 results for Contracts
Recent Cases
Fiduciary Duties: Accounting for secret profits
...contracts should contain a clause requiring employees to disclose outside interests. This will assist in demonstrating that there is a potential conflict and that the duty to account for any sec...
News
Labour’s 2017 Election Manifesto – For the Many, Not the Few
...contracts Labour will ban zero hours contracts. It will also introduce legislation entitling those employed on short hours contracts (under which they are a guaranteed only a small number of hours)...
Recent Cases
High Court issues injunction halting Tesco’s “fire and rehire” plans
...contracts. Attempts to remove retained pay In 2021, Tesco announced it intended to remove retained pay. It offered a lump sum payment in return for agreeing to give up the entitlement. Otherwise, em...
News
Exclusive jurisdiction clauses only work for disputes already in existence
Exclusive jurisdiction clauses only work for disputes already in existence The Court of Appeal has ruled an employer can only rely on an exclusive jurisdiction clause for issues in dispute at the time...
News
Employment tribunal rules chair of regulator’s disciplinary tribunal is a worker
Employment tribunal rules chair of regulator’s disciplinary tribunal is a worker An employment tribunal has ruled that a barrister appointed as a tribunal chair for the Nursing and Midwifery Council (...
Navigating Off-Market Buyback of Shares from Distributable Profits under the Companies Act 2006 in England and Wales
Navigating Off-Market Buyback of Shares from Distributable Profits under the Companies Act 2006 in England and Wales Off-market share buybacks have emerged as a strategic tool for companies seeking to...
Recent Cases
Supreme Court rules Pimlico plumber was a worker, not self-employed
Supreme Court rules Pimlico plumber was a worker, not self-employed The Supreme Court has ruled that an employment tribunal was entitled to conclude that a plumber who worked under a contract which de...
Bonus Disputes: what happens when things go wrong?
...contracts are drafted properly and contain the right wording to protect against this worryingly common type of situation. So claw back provisions regularly feature in terms and conditions relat...
Recent Cases
When are dismissal notices effective?
...contracts. However, that will only work from a contractual viewpoint. It will not assist in cases where an employment tribunal is considering the effective date of termination of an employ...
Essential Documentation for Management Buyouts
...Contracts and Incentive Plans Ensuring the continuity of key management personnel post-acquisition is critical. Revised or new employment contracts may be required to formalise roles, responsibilit...
Recent Cases
Voluntary overtime should have been included in holiday pay says the EAT
...contracts did not require them to carry out and which was therefore entirely voluntary on their part. They argued that voluntary overtime pay, standby allowances, call-out allowances and mileage...
Recent Cases
Addison Lee drivers were workers, not self-employed
...contracts described them as independent contractors and stated that nothing in the contract rendered them an employee or worker. The contract also stated that the drivers could choose the days a...
Recent Cases
No TUPE Transfer For Employee on Long Term Sick Leave
No TUPE Transfer For Employee on Long Term Sick Leave An employee on long term sick leave who was not expected to return to work did not transfer to a new service provider under TUPE. Speedread An ...
Recent Cases
No TUPE Service Provision Change if Service Provided to Different Client
No TUPE Service Provision Change if Service Provided to Different Client The CA has confirmed that TUPE only applies on a second generation contracting out where the activities carried out before and ...
Recent Cases
When is Notice of Termination Effective?
...contracts contain provisions which specify when notice is deemed to have been received, so it is always worth checking the contract as those provisions will be effective. Note, however, that where di...
Recent Cases
Supreme Court finds that teachers on strike were deducted too much pay
...contracts which stipulated apportionment other than on a calendar day basis, the Court of Appeal’s approach was wrong and the teachers’ claim succeeded. This means that there is now a clear authority ...
News
Government consults on regulating use of confidentiality provisions in employment contracts and settlement agreements
Government consults on regulating use of confidentiality provisions in employment contracts and settlement agreements The government has launched a consultation on measures to prevent the misuse of co...
News
Right to request a predictable working pattern
...contracts of 12 months or less are presumed to lack predictability. Agency workers will be able to apply to either the temporary work agency or the hirer for a change to their work pattern. The work...
Recent Cases
Employer’s Attempt to Harmonise Terms and Conditions Defeated by Re-engagement Order - Court of Appeal Upholds Tribunal Decision
...contracts which involved a pay cut. They accepted all the changes apart from the pay cut and were dismissed. However, they were offered and accepted new contracts containing the revised terms, inclu...
Jeremy Clarkson Dropped by the BBC
Jeremy Clarkson Dropped by the BBC Jeremy Clarkson’s unfortunate ‘fracas’ with producer Oisin Tymon of the BBC’s Top Gear programme has been and continues to be hot news. Quite why a TV personality s...