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Month: April 2014

Can an employee who is constructively dismissed contribute to their dismissal?

The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]

Employment law changes this month

There are a number of employment law changes which came into effect on the 6th April 2014. A summary of these changes is set out below:   Acas conciliation The Acas early conciliation procedure will be introduced. Discrimination questionnaires Section 138 of the Equality Act 2010 (which deals with discrimination questionnaires) will be repealed. Employment […]

Whistleblowing cases

The EAT in the recent decision of Blackbay Ventures Ltd t/a Chemistree v Gahir set out an approach that Employment Tribunals should take when considering protected disclosure cases, which may also assist those representing clients in such cases or those bringing such cases. The EAT identified a number of steps that may be taken by the Tribunal, […]

Restrictive Covenants

There is a familiar legal concept, which is that the Court can delete parts of a restriction to make it enforceable.  The High Court has taken this a step further in the recent decision of Prophet Plc v Huggett [2014] where the Court read words into the restrictive covenant to produce a commercially sensible result.  […]

ACAS early conciliation goes live

Today is the first working day after ACAS early conciliation came into being.  For the next month it will be optional before it becomes mandatory on 5th May 2014.  The new ACAS early conciliation website is here. Before a Claimant presents an Employment Tribunal Claim for relevant proceedings, the prospective Claimant must provide information to […]