Whether as a result of protected conversations, disciplinary or capability processes, grievances or tribunal proceedings, as an employer you may find yourself engaged in ‘negotiations to settle’ with current or former employees. Employees may allege that they have suffered an “injury to feelings” as a result of what they see as unlawful treatment, and settlement monies may be apportioned between financial losses, legal fees, and pre- and post-termination injury to feelings, to take advantage of the tax rules.
Articles by ‘Richard White’
Our client was a director being made redundant who wanted to get everything done as quickly as possible. After reviewing the settlement agreement we successfully negotiated a number of key changes as follows:
Do you transfer customer data to the United States as part of your business? If you do, you should be aware of the recent European Court of Justice decision.
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As we wait to see what legislative changes lie ahead in the wake of the general election, the ban on exclusivity clauses in zero hours contracts has already come into force.
Two important employment law changes came into force over the Easter weekend.
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Many contracts of employment aim to stop departing employees from poaching customers and key staff. Such restrictions are legally allowed, providing that they are necessary to protect the business and do not unfairly restrict the ex-employee. With these restrictions employee and employer usually know where they stand… at least they did until fairly recently.
The recent case of Jackson Lloyd and Mears Group v Smith is a reminder that it isn’t always safe to assume that TUPE doesn’t apply to share transfers.
The Court of Appeal’s recent decision in McMillan v Airedale NHS Foundation Trust shows that employers can’t increase disciplinary sanctions on appeal, unless their disciplinary policy says otherwise.
RWK Goodman employment law experts bring you an update on the legal case where the European Court of Justice was being asked to assess whether holiday pay must now contain rolled-up commission payments to compensate for the employee’s inability to earn commission during the period of leave.