Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive February 2012

Can ‘cheapness’ be a selection criterion for redundancy?

The answer may well be yes as the recent EAT’s recent decision in HM Land Registry Appellant –v- Mrs S M Benson and Other Respondents UKEAT/0197/11/RN (handed down on 10 February 2012) in respect to age discrimination.

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Can confidentiality and post termination restrictions be enforced through the courts?

Some employers are sceptical about inserting confidentiality, non-solicitation and post termination restrictions into an employment contract because they may be seen as amounting to a restriction on trade. While this may be true carefully worded clauses which are reasonable can protect your ‘trade secrets’ and ‘highly confidential data’ from breach by senior employees or employees placed in a position of trust. 

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Update on the Employment Law Reforms

The draft Unfair Dismissal of Reasons for Dismisal (Variation of Qualifying Period) Order 2012 (www.legislation.gov.uk/uksi/1999/1436/contents/madehave been published and set out that employees employed on or after 6th April 2012, the qualifying period for unfair dismissal (and requests a statement of reasons for dismissal) increases to two years. 

Employees whose period of continuous employment began on or before 5th April 2012 will still be subject to the one year qualifying period.

How to deal with employees and adverse weather conditions

I think the majority of us would agree that we love the snow and it is great to go out and build a snowman or go sledging (I was out sledging at Temple Newsam today with my friends 21 month year old). However problems arise when employees come into work late or cannot physically get into work due to disruptions with transport, school closures and severe weather warnings. This situation gives rise to the following questions:

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