Blog
Removal of trustees – factors a court will consider
Cally Brosnan
23 May 2023
Government plans to limit non-competes – radical change?
On 10 May 2023, the Department for Business and Trade published a policy paper entitled, “Smarter Regulation to Grow the Economy” announcing, among other things, the Government’s intention to limit the period of non-compete provisions in employment contracts to three months.
Two days later, the Government issued its response to the consultation it had launched in December 2020 on proposed measures to reform post-termination non-compete clauses in employment contracts (the consultation had closed on 26 February 2021). That response echoed the earlier announcement and the Government’s intention to introduce a statutory limit of three months on the length of non-compete clauses. This is particularly interesting since the two main options for reform in the consultation were: (1) to make non-compete clauses in employment contracts permissible only where the employer provides consideration for the period of the restraint; or (2) making all post-termination non-compete clauses in employment contracts void and unenforceable. Despite the majority of respondents to the consultation being in favour of the first option, the Government has opted with this alternative approach.
19 May 2023
Workplace bullying in law firms – a new frontier?
Richard Fox, Jessica Clay and Lucinda Soon discuss what constitutes workplace bullying in light of the recent high-profile case against former justice secretary Dominic Raab
In the past month we have travelled a long way in a short period of time with regard to the area of bullying allegations at work. The most high-profile case to have hit the press on this matter is that involving the former justice secretary and lord chancellor, Dominic Raab.
25 April 2023
Does the Raab affair provide sufficient clarity on what is meant by “bullying”?
Employers have been crying out for years for clarity as to what exactly is meant by “bullying” in the modern workplace. What counts as reasonable and constructive criticism on the one hand, and intimidating or insulting behaviour on the other?
18 April 2023
Non-financial misconduct under the Senior Managers and Certification Regime
Non-financial misconduct has been an area of increasing regulatory focus for the Financial Conduct Authority (FCA) over the last five years. To date, published regulatory outcomes have focused on the most egregious end of the spectrum, with the FCA handing out bans and fines for those already convicted in the criminal courts of serious sexual offences. However, these cases provide little guidance for FCA-regulated firms grappling with allegations of more nuanced conduct, such as the inappropriate use of social media on a personal
22 March 2023
Changing terms and conditions: A viable alternative to redundancy
There is no doubt that we are in difficult economic times and it does not seem like that will change anytime soon. Individuals and businesses are feeling financial pressure and, for businesses, this often means having to consider redundancies or other ways in which cost savings can be made.
An alternative to redundancy is changing terms and conditions. Whilst it may not be an alternative that many businesses wish to take, if it keeps staff in employment, it is an option which may be worth considering.
