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Want to Stop a Key Employee Joining a Competitor? Consult a Solicitor Today

If you are concerned that a former employee is preparing to work for a competitor in breach of a restrictive covenant in their employment contract, enforcement of your rights may well depend on how quickly you consult a solicitor. The potential consequences...

Coarse Language in the Workplace - ET Upholds Harassment Claim

Even if the kind of coarse language used in traditionally male-dominated workplaces was once acceptable, it certainly is not today. An Employment Tribunal (ET) made that point in awarding substantial damages to an office administrator who was harassed by her...

Disability Discrimination and Hypothetical Comparators

Workplace disability discrimination claims often hinge on arguments that a disabled person was treated less favourably than a hypothetical comparator. As a guideline Employment Appeal Tribunal (EAT) decision showed, the circumstances that are imputed to such...

Redundant Automotive Industry Worker Succeeds in Unfair Dismissal Claim

A redundancy process may be genuine and necessary, yet procedurally unfair. An Employment Tribunal (ET) made that point in the case of an automotive industry worker who would have kept his job had a selection criterion not been carelessly and mistakenly...

National Minimum Wage Rates in Force for 2023

The National Minimum Wage (Amendment) Regulations 2023 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which applies to those aged 23 and over,...

Whistleblowing and the Importance of Proving Motive

Establishing that an employee has made a protected disclosure is the first step on the path to success in any whistleblowing claim. However, as a case concerning a dismissed care homes manager showed, it is often much harder to prove that detrimental...

Veteran Care Worker Succeeds in Constructive Unfair Dismissal Claim

Employers are often contractually entitled to require their personnel to move from one place of work to another. However, as one case showed, doing so without consultation is a positive invitation to Employment Tribunal (ET) proceedings ( Pye v Bolton Cares...

Manager's 'Limitations' Comment Leads to Disability Discrimination Finding

Employers should take careful note of a case in which a manager's reference to the 'limitations' of a bar attendant who suffered from osteoarthritis was adjudged to be unfavourable treatment giving rise to disability discrimination ( Taylor v Hoddom Castle...

Writing a Job Reference? It's Important to Choose Your Words Carefully

Business owners and managers tend to view writing job references as an important but relatively routine task. However, the need to choose words carefully – and to take professional advice where necessary – was underlined by a High Court ruling in...

College Student Required to Work Late Succeeds in Age Discrimination Claim

Mentions of age discrimination may bring to mind images of grey-haired employees being treated less favourably than their younger colleagues. As a case concerning a teenage college student showed, however, young people enjoy the same legal protection as...
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