Dentons - UK Employment Law Round-up

Redundancy sickness absence and disability discrimination

July 31, 2017

In Charlesworth v. Dransfields Engineering Services Ltd the Employment Appeal Tribunal (EAT) upheld the Employment Tribunal's (ET) decision that Dransfields Engineering had not discriminated against the claimant by making him redundant after a period of disability-related sickness absence.

Do employees need to disclose intention to compete?

July 31, 2017

All employment contracts have an implied term ensuring that employees will serve their employer with good faith and fidelity. This implied term covers numerous things, including prohibiting employees from competing with their employer. However in MPT Group v. Peel the High Court found that employees are not under a duty to disclose their intention to compete post-termination.

Non compete clauses and employees destined for greatness

July 31, 2017

The case of Egon Zehnder Ltd v. Mary Caroline Tillman is another useful reminder to ensure that restrictive covenants are fit for purpose and, whilst in this case the covenants were upheld, it is also a reminder to ensure that on promotion, restrictive covenants are updated if necessary.

Long-term loss of earnings and whistleblowing

July 31, 2017

In Small v. Shrewsbury and Telford Hospitals NHS Trust the Court of Appeal has held that where a claimant's employment has been terminated due to a protected disclosure the tribunal can award compensation for long-term loss of earnings or "stigma damages" (as permitted by Chagger v. Abbey National), even if the Claimant did not raise the point him or herself.

The rights of EU citizens in the UK

July 31, 2017

The government has published a policy paper setting out its offer to EU citizens and their families in the UK. It expects the offer to also extend to Norway, Iceland, Liechtenstein and Switzerland.

Multiple claims must be based on the same facts

July 31, 2017

Rule 9 of the Tribunal Rules 2013 allows two or more claimants to make their claims on the same claim form (ET1) if their claims are based on the same set of facts. This has been advantageous for claimants, especially since the introduction of tribunal fees, as multiple fees are lower per claimant than separate individual claims would be.