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Employment Law Blog

5 June 2014

Employment Tribunal Former President is looking forward and thinking out of the box, says Fox!

Former President of the Employment Tribunals in England and Wales, David Latham, may be onto something…

Until recently, Judge Latham was President of the Employment Tribunals (ET) in England & Wales.  He was therefore in a position of pre-eminent  importance in the running of our ET system and, in a speech to a gathering at the Law Society earlier this week, he outlined his views as to what should be changed in the future.

4 June 2014

Restrictive covenants - top 10 tips for an employer

There is no such thing as a “watertight” restrictive covenant. However, below are some important factors to bear in mind when drafting post-termination obligations. If followed, these “top tips” should enable you to guard against at least some of the issues involving restrictive covenants which commonly plague employers.

Francesca Lopez

2 June 2014

How far we have come with maternity and leave, and how far there is to go

In recent discussions about making Heathrow operational 24 hours a day, we were reminded of previous comments from Mr El-Baker, the Chief Executive of Qatar Airlines, who reportedly said that female cabin crew are banned from getting married during the first 5 years of their employment with the purpose of stopping them becoming pregnant.  Mr El-Baker said, "we used to allow this and a lot of people started to get married and then two to three months later they were pregnant so we were losing a lot of trained people that we had then to stop them flying. We had to put a stop to this. But after five years they can get married to anybody they want."

29 May 2014

Legal Update: Statutory Holiday Pay should include both basic salary and average commission payments

In the recent case of Lock v British Gas Trading Ltd and others C539/12 the Court of Justice of the European Union (CJEU) held that salespeople are entitled to receive average commission payments, on top of their basic pay, in respect of periods of statutory annual leave. These holiday payments should be calculated to include the commission the worker would have earned, if they had attended work during that period.

13 May 2014

Zero Hours Contracts - a political football, but what is the reality for employers and employees?

The phrase “zero hours contract” (ZHC) has been occupying an increasing number of media column inches in recent weeks. ZHCs have been vilified, defended, consulted upon and even featured in the Scottish independence referendum debate. This blog looks into the specifics around ZHC’s and considers potential solutions to the issues surrounding them… it could be argued that ZHCs are incorrectly named and a “Variable Hours Contract (VHC)” would be more reflective of reality.

Kirsty Churm

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