The Court of Appeal has upheld the Tribunal’s decision that a director and shareholder was an employee and a worker within the meaning of the Employment Rights Act 1996. This was notwithstanding the fact that the director had performed part-time work for the company without pay for over three years. The fact that the parties […]
Tag: contracts of employment
Resigning without notice
As an employer you are required to give your employee notice unless of course they have committed an act of gross misconduct. Notice can be worked, served out on garden leave or paid in lieu depending on the terms of the contract. Unfortunately not all employees give the required length of notice or any notice […]
Employment Practices Bill
The Employment Practices Bill 2014-15 has been published in draft. The bill has been little publicised and has been introduced in an attempt to tackle the potential exploitation of migrant workers but applies to all employers and workers. The main provision of the Bill relates to employers who offer an employee residential accommodation as part of […]
Confidentiality in employment
In what appears to be one of the few times that a judge has felt justified in allowing the inspection and imaging of employees’ computers in the case of Warm Zones v Thurley and another, the High Court has ordered that an employer may instruct an independent computer expert to inspect and take images from […]
Holiday pay
The Advocate General has given his opinion in another holiday pay case on course for the ECJ. In this case the Claimant, Mr Lock, was paid a basic salary and a commission element which varied. Whilst he was on holiday he was paid his basic salary and only the commission that fell due whilst he […]
Restrictive covenants
The Court in Back Office Ltd v Percival granted an order that an ex-employee and a competitor company observe the terms of the ex-employee’s post termination restrictions following his defection to the new employer. The Court order was breached and the case was before the High Court. A committal to prison for contempt of Court […]