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Showing 165 results for Contracts
Deliveroo riders are not workers, CAC rules
...contracts received criticism from the Work and Pensions Committee’s inquiry into self-employment and the gig economy. The CAC emphasised that it did not matter if Deliveroo’s true purpose in construct...
Deduction of One Month’s Pay for Failing to Work Notice Not a Penalty
Deduction of One Month’s Pay for Failing to Work Notice Not a Penalty A clause which entitled an employer to deduct a month’s salary if the employee failed to work their notice period was not a penalt...
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...
Absence Triggers in Staff Handbook Incorporated into Employees’ Contracts
Absence Triggers in Staff Handbook Incorporated into Employees’ Contracts An employer had not been entitled to change the absence triggers in an absence management policy. The provisions were contrac...
12 Month Non-Solicitation Covenant Upheld
...contracts came up for renewal annually was a relevant factor in concluding that it was reasonable to stop T from soliciting Romero’s customers for twelve months.
Contractor deemed an employee of “client” and loses his right to own source code IP
Contractor deemed an employee of “client” and loses his right to own source code IP An individual who provided his services though a personal service company was an employee of the “client”. Cop...
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...
TUPE: Advantageous changes to contractual terms void
TUPE: Advantageous changes to contractual terms void A transferee employer was not bound by beneficial changes the transferor made to employees’ contracts before the transfer. Outgoing contract...
Paid Holiday: Unlimited Carry Over Until Worker Has Opportunity to Take it
...contracts, the worker can claim that they have been prevented from taking it. The right then carries over until such time as their employer provides them with the opportunity to take paid holida...
Court Issues Guidance on Disciplinary Action for Facebook Postings
Court Issues Guidance on Disciplinary Action for Facebook Postings An employee who posted views about gay marriage on his Facebook page was not guilty of misconduct. His demotion therefore amounted t...
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...
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...
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 ...
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...
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 ...
Holiday Pay Calculations Must Take Commission into Account
Holiday Pay Calculations Must Take Commission into Account The ECJ has ruled that holiday pay should include an amount to reflect the commission the worker would have earned had they not been on holid...
Removing Christian director who spoke out against homosexuality and same-sex adoption was lawful
Removing Christian director who spoke out against homosexuality and same-sex adoption was lawful An NHS Trust did not directly discriminate against a non-executive director on religious grounds when i...
Tribunal Wrong to Look Behind Previous Disciplinary Warning
Tribunal Wrong to Look Behind Previous Disciplinary Warning A tribunal was wrong to look behind a previous disciplinary which an employer relied on to dismiss an employee. In Wincanton Group v Stone,...
Great Expectations: High Court grants injunction to enforce six month non-compete restriction
Great Expectations: High Court grants injunction to enforce six month non-compete restriction The High Court upheld a six month non-compete clause, even though the employee held a junior role when the...
Non-compete clause unenforceable due to short notice period during probation
...contracts. This suggested they were not reasonably necessary. Non-dealing restriction would have provided adequate protection The High Court ruled that the non-compete restriction was also too...