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 August 2014

Dealing with badly drafted restrictive covenants and final closure on Seldon?

Here are a few updates on previously reported cases:

Courts rewriting restrictive covenants

Some of you may recall that earlier this year in the case of Prophet plc v Huggett, the High Court held that courts could re-write badly drafted restrictive covenants in order to bring them in line with common sense. However, this decision has been overturned by the Court of Appeal.

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What are the tribunal rules for admission of covert recordings?

Recently we have seen an increasing number of cases involving covert recordings and their admissibility in tribunal proceedings, so what does the law say in this area?

The Tribunal Rules give judges a wide discretion when considering evidence. The general understanding is that tribunals should hear all the evidence that is relevant even in instances where an employee has made covert recordings of internal hearings. However, if an employee somehow managed to obtain a covert recording of a closed session, i.e. private conversations between the decision panels making a decision, the recording will likely be inadmissible.

Here are a few simple steps to help you avoid an argument for admission of covert records: 

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Avoiding maternity/pregnancy discrimination

Most employers are familiar with the fact that maternity and pregnancy discrimination are deemed to be ‘protected characteristics’ under the Equality Act 2010 (“EQA”) and surprisingly a recent survey of 500 managers (conducted by Slater and Gordon) highlighted a third of managers would rather employ a man in his 20s or 30s over a woman of the same age for fear of footing the maternity leave bill the woman to have a child – or worse, children.

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