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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
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.
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.
Data protection legislation rarely leads the 10 o'clock news. It was with great media fanfare, however, that the Government announced the new Data Protection Bill yesterday. This Bill represents the most comprehensive evolution of data protection rights in 20 years. The heart of these new rules is European through and through. The Data Protection Bill will essentially mirror the provisions of the EU's General Data Protection Regulation (GDPR), which employers will be obliged to comply with in any event.
Employers will have to ensure they follow best practice and guidance, and the law, in managing their workforce.
The introduction of Employment Tribunal fees in July 2013 was handled extraordinarily badly by the Government right from the start. There was inadequate consultation at the time, and insufficient care was taken when establishing the level at which they were ultimately set. Even advocates for the introduction of fees often privately admitted that they were set too high. So the surprise is not that the Supreme Court has quashed the Fees Order, as it has now done, but that it took the Courts so long to get to that point.
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