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.
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.
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.
An employer’s request that a Muslim employee wear a shorter jilbab for health and safety reasons was held not to be discriminatory.
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
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.
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.
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.
Where an employee admits to misconduct, it may be reasonable for an employer to limit its investigation into the situation.
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.