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IMHRPlus News

Obesity and the Equality Act 2010

Earlier this month, the Court of Justice of the European Union (“CJEU”) started to hear a case referred from Denmark on the issue of obesity (Kaltoft).

Calculating Holiday Pay

Regular readers of our Bulletin will be well aware of an on-going line of cases focussing on the issue of holiday pay.

ET Statistics Published

On 12 June 2014, we received the latest Employment Tribunal statistics from the Ministry of Justice (“MoJ”).

Requirement to disclose all convictions a breach of human rights

The Supreme Court has held that the requirement to disclose all criminal convictions, regardless of their relevance, was incompatible with the right to respect for private life (Article 8) under the European Convention on Human Rights.

May Day Changes

Two significant changes affected the employment law landscape this May.

LLP Member is a "worker"

In the keenly awaited decision in Clyde & Co v Bates van Winklehof the Supreme Court has held that a member of an LLP can be a worker and is, therefore, entitled to protection under whistleblowing legislation.

Discriminatory comments were "trivial" and did not contribute to constructive dismissal

The Employment Appeals Tribunal (EAT) has considered whether a discriminatory comment was connected to an employee’s constructive dismissal, rendering that dismissal discriminatory.

12-month non-compete clause enforceable

In Merlin Financial Consultants Ltd v Cooper a 12-month non-compete clause in a “goodwill agreement” was held to be enforceable against a financial adviser, Mr Cooper.

Court refuses to grant specific performance of employment contract

An order for “specific performance” is an order of the court to compel one party to perform its contractual obligations. In the case of Ashworth and others v Royal National Theatre [2014], a number of employees sought an order for specific performance, to require the Royal National Theatre (“the Theatre”) to continue to engage them in a production of “War Horse”.

Confidential Information: High Court grants order for inspection of ex-employee computers

Two employees left their employment with Warm Zones – a company specialising in delivering energy efficient measures and advice to domestic homes. Whilst the company was a not-for-profit entity, it operated in a competitive market and had collated commercial and proprietary information that would be valuable to any competitor.

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