Archives

Harassment and gagging clauses

November 6, 2018

There has been a lot of publicity in the last few months about the use of non-disclosure agreements (NDAs), also known as confidentiality agreements (and I will refer to both together as NDAs), in Settlement Agreements (SAs). SAs, formerly known as Compromise Agreements, are generally used to settle a dispute between an employer and an…

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Data protection – insure against your employees

October 30, 2018

On 22 October 2018, the Court of Appeal decided that Wm Morrison Supermarkets Plc (WMMS) trading as Morrisons, were both: (1) vicariously liable for the criminal activity of Mr Skelton (S), a disgruntled senior employee who uploaded onto a file sharing website the personal data of 99,998 employees of Morrisons; and (2) in breach of…

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Colemans welcomes new Head of Employment Law

June 18, 2018

Colemans Solicitors LLP is pleased to welcome amongst its ranks a new Head of Employment Law, Craig Havard. Craig is an employment law specialist who has made his career practising in well-established and respected local firms in Buckinghamshire. Most recently Craig worked in-house as Legal Counsel for an English sparkling wine producer for two years,…

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Employer’s liabilities

June 14, 2018

We all know that being an employer is complicated and expensive. Yesterday (13th June 2018) the Supreme Court confirmed that businesses can be liable for years of unpaid holiday (and sick) pay, now payable to people they thought were self-employed. The press seem to be making a big thing of this – but the Supreme…

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Zero-hours contracts – what employers need to know

August 19, 2015

During the run-up to the 2015 General Election, zero-hours contracts became a high-profile debating point, with politicians from all parties entering the fray. Whilst zero-hours contracts are seen by some as exploitative and lacking in the rights that are given in traditional employment contracts, others view them as a flexible way to manage a workforce…

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Changes to Employment Law – 2014

September 3, 2014

Changes to employment law and practice are normally implemented in either April or October in order to make life easier for employers, who must ensure that their policies and procedures comply by the implementation dates. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 were an exception to this rule, as…

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Court Underlines Duty of Candour in Contract Negotiations

September 3, 2014

A lack of candour in contractual negotiations can lead to grave financial consequences, as was shown when an event management company that lost its only customer four months after signing a new five-year deal won the right to substantial damages. Company A had for 30 years provided management services to company B in respect of…

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Refusal to Pay Arbitrator Did Not Repudiate Contract

September 3, 2014

Not every breach of contract will be treated as ‘repudiatory’ – the legal term for a breach in which one side has refused to perform its side of the contract. Recently, the High Court ruled that one party’s refusal to pay an arbitrator’s fees in advance did not ‘go to the root’ of the parties’…

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