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Employment Law Blog

30 September 2014

Legal update: Bonuses – the element of discretion

In the recent case of Brogden and another v Investec Bank plc, the Court considered the exercise of discretion in relation to bonus payments.

15 September 2014

Social media at work – when enough’s enough

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. 

5 September 2014

Managing difficult characters in the workplace - how do you solve a problem like Mario?

Following Liverpool FC’s £16m offer, Mario Balotelli (former striker at AC Milan) will spend this season at Anfield; but only if he behaves. Described by José Mourinho as unmanageable (and famous for *that* video clip involving a troublesome training bib…), Balotelli is a controversial figure, having clashed with most of his managers during his brief career.

An edited version of this article first appeared in HR Magazine in September 2014. 

Francesca Lopez

29 August 2014

Legal update: Can an employer increase the severity of a disciplinary sanction on appeal?

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

29 August 2014

Legal update: Can an employee who resigns with immediate effect in repudiatory breach of contract be held to their notice period without pay if they refuse to work?

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. 

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