Employment Law

Previous instalments of this series on FA Rule K Arbitrations have covered pre-action matters, including jurisdictional challenges and interim relief, and strategic approaches to commencing the proceedings and responding to a Notice of Arbitration. The (hypothetical) litigation is now well under way and, accordingly, our attention turns to the procedure after the arbitral tribunal has been fully c

After the recent and protracted litigation as regards holiday entitlement and the extent to which voluntary overtime needed to be included in the calculation of pay the CJEU has again raised serious doubts as to the lawfulness of the Working Time Regulations 1998 in a separate and hugely material regard.

On Thursday (9 May 2019), the Court of Appeal handed down its decision in Foreign and Commonwealth Office and ors v Bamieh [2019] EWCA Civ 803, deciding that the Employment Tribunal did not have territorial jurisdiction over whistleblowing claims brought by an FCO employee working at EULEX against individual co-workers.

We should now stand back from the moral panic about non-disclosure agreements and dispassionately review their effects. That panic has been generated by wide clauses in the cases of in particular Harvey Weinstein and Sir Philip Green and they have generated moral revulsion and press interest and then the inevitable Parliamentary Select Committees have got involved. Even the Prime Minister took tim

Striking the Right Balance: Kieran Wilson on Strike Out and Deposit Order Applications in the Employment Tribunal

In Forse & ors v Secarma Ltd & ors [2019] EWCA Civ 215, the Court of Appeal has held that the higher Lansing Linde test generally applies to interim applications for springboard relief and has affirmed that such relief must be no greater in scope or duration than is reasonable to remove the defendant’s unfair competitive advantage.

Common Terms and Conditionals in Equal Value Claims: the Court of Appeal decision in Asda v. Brierley

In one of the first discrimination claims to go to trial following the Supreme Court’s decision in Benkharbouche v. Embassy of the...

Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.

New Edition of “The Law of Industrial Action and Trade Union Recognition”