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Employment Law Blog

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. 

29 August 2014

Legal update: Restrictive covenants - the risk of getting it wrong

In the case of Prophet plc v Hugget the Court of Appeal decided that, where a restrictive covenant has been poorly drafted, it will not read words into it, even if a literal reading offers the employer no protection at all. 

27 August 2014

Avoiding and dealing with stress in the workplace

According to Harvard public health professors Murray and Lopez “By 2020 depression will rank second only to heart disease as the leading cause of disability world-wide”.  

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