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legal alert: Are your post-termination restrictions enforceable?

07 Aug 18

Protecting your confidential information and customer goodwill has never been more important, particularly in an age where social media allows unparalleled, almost instant access to others in the commercial world and data theft is on the rise.

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legal alert: Philosophical belief and sanctity of copyright

23 Jul 18

A former employee of Mulberry who refused to sign a standard contract clause assigning copyright in her work to Mulberry has lost her appeal this week to the EAT.

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legal alert: NEC4 Alliance Contract – An Overview

18 Jul 18

The NEC has recently launched the much anticipated NEC4 Alliance Contract. Below we provide a brief overview.

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legal alert: Knowledge of the consequences of disability

26 Jun 18

The EAT has recently held that knowledge of the consequences of a disability is not required for claims of discrimination arising from disability.

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legal alert: Is asking a Moroccan Muslim employee whether he still supported Islamic State discrimination on the grounds of race or religion? Bakkali v GMB (South) Ltd

21 Jun 18

Mr Bakkali (who identified himself as of Moroccan origin and a Muslim) had a conversation with a colleague, during which he referred to comments made in a newspaper article about Islamic State Fighters being “confident and proficient fighters” and managing to run the country. The same colleague subsequently asked “are you still promoting IS?” which upset Mr Bakkali and resulted in an altercation. Mr Bakkali was subsequently dismissed for gross misconduct. He claimed that his colleague’s comment about IS was harassment because of race and/or religious belief and that he had suffered direct discrimination.

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legal alert: Injunctive relief – The importance of being full and frank

19 Jun 18

When a party makes a without notice application to Court for urgent interim relief, they are under a duty to give “full and frank” disclosure. Failing to comply in full with that duty can have serious consequences, which is exactly what happened in the recent case of Banca Turco Romana SA v Cortuk & Ors [2018] EWHC 662 (Comm), where a freezing order against three defendants was set aside.

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legal alert: TUPE warning for Multi Academy Trusts MATs

21 May 18

The EAT recently held, in Guvera v Butler and others, that a TUPE transfer had taken place following a share sale. In the ordinary course of events TUPE does not apply to share sales but, in this case, Guvera assumed day to day control of the music streaming service, Blinkbox. That day to day control “went beyond the mere exercise of ordinary supervision or information gathering” by a parent company and TUPE was held to apply.

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legal alert: Employers do not have to offer enhanced Shared Parental Pay.

19 Apr 18

The EAT has confirmed that an employer’s failure to provide enhanced shared parental pay, in line with maternity pay, is not discriminatory.

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legal alert: When an expectation to work late becomes an act of discrimination: the latest development on the law on “reasonable adjustments”

17 Apr 18

The Court of Appeal have recently dismissed an employer’s appeal against a decision that an expectation that their employees work long hours is a “provision, criterion or practice” which placed a disabled employee at a substantial disadvantage compared to his non-disabled colleagues, triggering the employer’s duty to make reasonable adjustments. In failing to modify that practice (i.e. remove any expectation that he work late hours), the Company was found to be in breach of that duty.

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legal alert: Calculating holiday pay for employees working irregular hours

06 Apr 18

Dealing with holidays for those who work irregular hours, for example bank employees, term time only workers, or employees on zero hour contracts can be a tricky issue for employers.

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legal alert: Chief Executive Officer (CEO) Fraud – Schools Targeted

28 Mar 18

The National Fraud Intelligence Bureau (NFIB) has seen an increase in recent weeks in the volume of CEO Fraud reports whereby schools are the targeted victim. This has resulted in substantial financial losses for several schools that have fallen victim to this type of fraud.

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legal alert: Education update: The high hurdles facing students who complain about inadequate teaching

21 Feb 18

The High Court has recently handed down its eagerly anticipated decision in the case of Faiz Siddiqui v The Chancellor, Master and Scholars of the University of Oxford [2018] EWHC 184, which involved a £1 million claim against the University of Oxford. The case is a high profile one, which hit the National press in January 2017 following the University’s failed attempt to strike out the claim.

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legal alert: Same job, less pay

09 Jan 18

Hazel Royle featured in a debate on Radio 5 Live yesterday highlighting the practical difficulties employees face in identifying whether or not they are paid differently to others.

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legal alert: Whistleblowing – self-interest is not enough

05 Jan 18

The Employment Appeals Tribunal’s (EAT) recent decision in Parsons v Airplus International Ltd confirms that a worker’s self-interest is not enough to guarantee protection against detriment or dismissal when making a public interest disclosure under whistleblowing legislation.

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legal alert: The New Governance Handbook – are you up to date?

In January 2017, the Department for Education (DfE) revised its Governance Handbook for Schools and Academy Trusts.

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legal alert: Safeguarding over Privacy

01 Jun 16

Most people would think that events in their personal life outside of work should remain private, but the recent case of Reilly v Sandwell Metropolitan Borough Council has shown that, in the some circumstances, a teacher’s failure to disclose certain information about their private life can be sufficient to justify a dismissal.

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