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Employment Law

ED KEMP WRITES ON THE NEW LANDSCAPE OF DIFC EMPLOYMENT LAW
Added: 17.06.2019   |  Tags:  Comments  Employment Law  International & Offshore
The new Employment Law in the Dubai International Financial Centre (“DIFC”) has been enacted and will take effect from 28 August 2019. The new Law contains a variety of changes compared to the draft Law which was published for consultation in March 2018 (LINK) with some interesting potential repercussions. Ed Kemp reviews aspects of the new Law (LINK).

Prosyscor Limited v. Netsweeper Inc and Others [2019] ECHW 1302 (IPEC)
Added: 11.06.2019   |  Tags:  Comments  Employment Law
The recent case of Prosyscor v. Netsweeper concerned a dispute of ownership of a patent application, where the applicant’s employer claimed ownership. The judgement, given by the Presiding Judge of the Intellectual Property Enterprise Court, HHJ Hacon, considers the principles underpinning employee inventions.

Harcus Sinclair LLP v Your Lawyers Limited: the enforceability of a covenant included in an NDA nego
Added: 11.06.2019   |  Tags:  Comments  Employment Law
Readers will be familiar with the principle that covenants in service agreements are more likely to be struck down as unreasonable restraints of trade than those in share sale agreements.

Nosworthy v Instinctif Partners: bad leavers, loyalty and restraint of trade
Added: 11.06.2019   |  Tags:  Comments  Employment Law
An employer seeking to guard against the loss of key employees has a range of tools to achieve that end. A plethora of decisions address the approach to post-termination restrictive covenants. Far less attention has been given to the role of financial disincentives to leaving, such as might typically operate through bad leaver provisions in a long term incentive plan or share ownership scheme.

Interesting developments in the law of confidential information
Added: 11.06.2019   |  Tags:  Comments  Employment Law  Dispute Resolution
In The Racing Partnership & Ors v Sports Information Services & Ors [2019] EWHC 1156 (Ch) the High Court (Zacaroli J) determined a dispute relating to the (alleged) misuse of the Claimants’ live betting and horseracing data collated at racecourses.

John Bowers QC writes on Principles of external investigations
Added: 06.06.2019   |  Tags:  Comments  Employment Law
Many lawyers are being asked to lead investigations into employment issues, often of sexual harassment allegations. These investigations of course come in all shapes and sizes and raise very different issues. I concentrate here on employment investigations but even they may involve regulatory or governance issues as well as strict employment points. A later article will deal with privilege issues.

National Minimum Wage – When is a Deduction not a Deduction?
Added: 03.06.2019   |  Tags:  Comments  Employment Law
In a rare victory for Middlesbrough FC (“MFC”) it has succeeded in challenging the interpretation of HMRC of the National Minimum Wage Act (“NWMA”) and the 2015 Regulations (“NMWR”) in a decision of an Employment Tribunal sitting at Teeside.

LITTLETON’S GUIDE TO FA RULE K ARBITRATIONS: STEP 4 – DIRECTIONS
Added: 21.05.2019   |  Tags:  Comments  Employment Law  Sports Law  Arbitration  On Sport  Dispute Resolution
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

CCOO: The CJEU sets the Working Time Cat amongst the Pigeons
Added: 15.05.2019   |  Tags:  Comments  Employment Law
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.

Bamieh: The Court of Appeal rules on territorial jurisdiction over co-workers
Added: 13.05.2019   |  Tags:  Comments  Employment Law
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.

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