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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
In the recent case of Brogden and another v Investec Bank plc, the Court considered the exercise of discretion in relation to bonus payments.
Social media is increasingly becoming an issue for employers, with its ever-growing popularity and its consequential impact on all areas of individuals’ lives. It’s clear that social media is here to stay as part of both social and work life, and employers need to know what action they can take against an employee who commits social media related misconduct.
If an employer subjects an employee to disciplinary sanctions and that employee appeals, is an employer permitted to increase the severity of the sanction on appeal? This was addressed in the recent case of McMillan v Airedale NHS Foundation Trust.
Yes, said the High Court.
In Sunrise Breakers LLP v Rodgers, the High Court confirmed that an employment contract can subsist, if the employer refuses to pay salary for the notice period, if the employee refuses to work it. The employer can, in such circumstances, obtain an injunction requiring an employee to observe the contractual terms, such as a non-compete clause and non-solicitation and non-dealing with clients restrictions, without compelling the employee to work.
Rebecca Niblock
Jemma Brimblecombe
Charles Richardson
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