Publications

News and ViewsPublications and articles

As part of our commitment to keeping our clients and contacts abreast of the latest developments in the law, we regularly produce legal briefings, newsletters, articles and brochures on a broad range of legal topics and commercial issues.

Latest articles and publications Published
Publication

Contract of employment can be frustrated where employee claiming disability discrimination

Any contract can be deemed to be frustrated where its purpose is impossible, meaning that neither party has any ongoing obligations under it.  The issue of whether a contract of employment has been frustrated can arise when an employee has... Read more

6 Jan 2014
Publication

Penalty clauses: avoiding the pitfalls

Liquidated damages clauses are used in many agreements. In share purchases they may be used to withhold deferred consideration for breach of restrictive covenants. If, however, such a clause amounts to a penalty, it will be unenforceable.

6 Jan 2014
Publication

Post Christmas blues; a testing time for relationships

The tree has come down, mince pies have been devoured and you survived another Christmas with the in-laws.

6 Jan 2014
Publication

Non-contractual work can be part of a service provision change

A recent EAT decision has confirmed that in assessing whether there has been a service provision change under TUPE, tribunals will focus on the activities actually being carried out before and after the transfer, rather than on whether a contractor... Read more

6 Jan 2014
Publication

A round-up of employment news and hot topics

Following the consultation process earlier this year, the Government has published its implementation plan for the future of apprenticeships in England.  The existing apprenticeship frameworks will be replaced by new standards designed mainly by employers to meet the needs of... Read more

6 Jan 2014
Publication

Reasonable adjustment for employer to pay for depressed employee’s private counselling

The EAT has held in Croft Vets Ltd v Butcher that an employer failed to make reasonable adjustments when it refused to pay for an employee to receive private counselling and psychiatric treatment for stress and depression.

6 Jan 2014
Publication

Court of Appeal confirms validity of non-solicitation covenant despite its wide scope

The Court of Appeal recently upheld the decision of the Mercantile Court in Safetynet Security Ltd v Coppage to enforce a six month non-solicitation covenant which prevented an employee from approaching anyone who had been a customer during his employment.

6 Jan 2014
Publication

New financial penalties for employers who lose Tribunal claims

The Government has confirmed that the new law on financial penalties contained in the Enterprise and Regulatory Reform Act 2013 for respondents who lose Employment Tribunal claims will be implemented in April 2014.

6 Jan 2014