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 January 2016

The importance of a signed contract when enforcing post termination restrictions

Most businesses, will ensure that new employees receive an employment contract or at the very least some form of statement setting out their terms and conditions. Unfortunately not all businesses ensure that employee’s return a signed version of the agreement back. 

On dispute, if the company have an unsigned contract in their possession, this begs the question as to whether the clauses contained in the contract/agreement are enforceable against the employee. 

This question was examined by the High Court in FW Farnsworth Limited v Lacy. The court was asked to determine whether the employee was bound by the post termination restrictions contained within an unsigned version of his employment contract. 

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Top 10 Examples of How Flawed Disciplinary Procedures Can Give Rise to Unfair Dismissal Claims

For an employer, nothing is more frustrating than an employee that has been dismissed for “blatant misconduct” yet has a potential claim for unfair dismissal because the correct procedures were not followed. Here are top 10 examples of how disciplinary procedures can go wrong for employers:  

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Protection for workers on Zero Hour Contracts

Workers under a zero hour contract are not guaranteed working hours yet some employers have used exclusivity clauses to prevent those engaged under such an agreement from working for another organisation, or to exclude workers from doing so without the employer’s consent. In May 2015 these exclusivity clauses were declared unlawful however there were no penalties associated with the ban and workers had no power to enforce it.

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Dealing with employees unable to attend work due to the Yorkshire floods

I think everyone would agree with me when I say that the floods that have hit parts of Yorkshire have been devastating. 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:

1. What are the rights of employees and 

2. How can employers ensure that they apply a fair policy given the circumstances of an individual and taking into account their business needs.

Here’s a guide to help you all get it right. 

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