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Court tailors interim injunction to reduce client impact

Posted by BDBF on 10 June 2015

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An employer has been granted an interim injunction restraining its former employees’ use of confidential information and intellectual property at a competitor. However, it has limited those restraints so as not to cause harm to a customer.


PRA Chief comments on EBA’s report on role-based allowances

Posted by BDBF on 10 June 2015

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Andrew Bailey, Chief Executive of the Prudential Regulation Authority, has recommended that firms amend staff contracts so as to ensure compliance with the European Banking Authority’s report on the use of role-based allowances to contravene the EU bonus cap.


Are whistleblowers being protected?

Posted by BDBF on 10 June 2015

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The charity Public Concern at Work has found that whistleblowers are not being adequately protected under the current legal regime and made a number of recommendations as to how this may be remedied.


Request to wear shorter jilbab: discrimination or health and safety?

Posted by BDBF on 10 June 2015

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An employer’s request that a Muslim employee wear a shorter jilbab for health and safety reasons was held not to be discriminatory.


Disobeying instruction not to contact external independent authority is grounds for dismissal

Posted by BDBF on 4 June 2015

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An employee who disobeyed an instruction not to contact the Information Commissioner’s Office was fairly dismissed.


ECJ rules that “establishment” for collective redundancy consultation purposes means a local employment unit, not the whole company

Posted by BDBF on 4 June 2015

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An employer making 20 or more people redundant in a 90 day period in a single establishment must consult on a collective basis. But what is meant by ‘establishment’? The EAT held this meant the entire operation of the employer but the Euopean Court has decided that "establishment" means the local employment unit at which the redundant employees carry out their duties. This means that, for example, employees working in shops with fewer than 20 staff, even if they are part of a large national chain which is also being shut down, are not entitled to be consulted over proposed redundancies.


Costs award was justifiable despite party’s inability to pay

Posted by BDBF on 4 June 2015

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Tribunals are able to make costs awards against parties who are unable to pay at that time, so long as the tribunal considers that the party will be able to pay at some point in the future.


Court jails litigants for contempt of court

Posted by BDBF on 4 June 2015

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Custodial sentences of 12 months and 20 months have been passed down in respect of two parties who were found to be in contempt of court.


Employee’s admission to misconduct meant limited subsequent investigation required

Posted by BDBF on 4 June 2015

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Where an employee admits to misconduct, it may be reasonable for an employer to limit its investigation into the situation.


EAT clarifies the “public interest test” for whistleblowing claims

Posted by BDBF on 4 June 2015

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A disclosure does not need to be in the interest of the public at large in order to satisfy the "public interest test" as set out in whistleblowing legislation, and can concern only a small group of people.


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