Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
15 September 2017
Hardened practitioners miss a trick by not attending ET users meetings
It has long been a mystery to me as to why so few practitioners choose to attend ET users meetings. Particularly senior ones. The Employment Lawyers Association has tried hard to engender more enthusiasm for these, and for a time it worked. But it seems enthusiasm has waned somewhat in recent times.
6 September 2017
Data Protection – can employers still monitor employees’ communications in light of Barbulescu v Romania?
Can employers still monitor employees’ communications in light of Barbulescu v Romania? Don’t panic, they can. But, the decision in Barbulescu v Romania from the appeal chamber of the European Court of Human Rights (ECtHR) shows that, in future, they must apply their mind in a much more rigorous way to how they go about it.
29 August 2017
Restrictions, garden leave and objecting to a TUPE transfer on a share sale and inducing a breach
ICAP Management Services Limited v (1) Berry and (2) BGC Services (Holdings) LLP
25 August 2017
Successful appeal in non-compete restrictive covenant case emphasises the importance of well drafted post termination restrictions
In the case of Egon Zehnder v Tillman the Court of Appeal held that a non-compete restrictive covenant in the employment contract of a senior executive was unenforceable, overturning an earlier High Court decision. It should serve as a warning to employers to take real care over the drafting of restrictive covenants, whilst it is likely to have important implications in future cases concerning the enforcement of post termination restrictions.
18 August 2017
FCA proposes extension of senior managers regime
HR professionals need to prepare for the rollout of accountability and conduct rules to the broader financial sector in 2018.
In 2016, the Financial Conduct Authority (FCA) introduced the senior managers regime to enhance senior-level accountability in the financial sector. The regime initially applied to banks, building societies, credit unions and the Prudential Regulation Authority (PRA) – designated investment firms. It was followed swiftly by the new certification regime for other employees at these firms, and the conduct regime. The FCA has now proposed to extend these rules across the financial sector to include insurers, consumer credit companies and all regulated firms.