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| 15 | ||
| Core practice areas | ||
| The members of Hardwicke’s Employment Team have specialised skills and experience in all aspects of employment law including matters such as discrimination, unfair dismissal and redundancy, restrictive covenants as well as non-contentious work. We represent both employers and employees via conventional means in addition to direct access. | ||
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| +44 (0)20 7242 2523 | ||
| enquiries@hardwicke.co.uk | ||
| Practice Director | ||
| Amanda Illing | ||
| Senior Practice Manager | ||
| Helen Burness | ||
| Practice Manager | ||
| Richard Evans | ||
| Assistant Practice Manager | ||
| Melissa Wood | ||
Welcome to the December edition of the Employment Newsletter. We would like to take this opportunity to wish you a Merry Christmas and a Happy New Year. In this issue we provide a mixture of recent case law updates and a summary of what members of the team have been involved in.
- Sarah Malik has been involved in advising on claims of sexual harassment and discrimination against a well known celebrity. She has also represented a household name retailer in claims of unfair dismissal and disability discrimination
- Stephen Lennard has been fighting off a 3 year non-compete covenant and SPA in the Bristol Mercantile Court, and settling more incapacity and redundancy dismissals with compromise agreements
- Gemma Witherington has joined the Employment team upon successful completion of her pupillage at Hardwicke. This month she has been advising a London Borough Council regarding an ex-employee’s claim for breach of contract on the basis that he was an employee rather than an agency worker. She is also in the process of preparing an appeal to the EAT for the National Pro Bono Unit
- In the past month Peter Kirby has had 4 different cases in the EAT ranging from whistleblowing to bias. He has also been very busy on a number of restrictive covenants cases including getting a doorstep delivery up order against a former managing director. He finished the month in snowy Croydon in the tribunal in a dispute concerning shopping channel television presenters and whether the same are workers or not and therefore entitled to holiday pay.
- Finally, Hardwicke is delighted to announce Christopher Camp has been appointed part-time Employment Judge in the Birmingham region. Chris has also written an article in the ELA on the "special circumstances" in which resignation or dismissal does not terminate employment. He has been arguing in the EAT about the extent to which an individual can have employment rights under discrimination legislation without mutuality of obligation (judgment reserved until the new year)
- Colm Nugent has been advising on a number of (unrelated) matters involving solicitor partners who wish to move firms but are governed by the standard restraint of trade clauses in the contracts
- Hardwicke has devised a range of client training and seminars for 2011. These cover areas such as TUPE, Whistle blowing, the Equality Act, Restrictive Covenance and Privilege. All seminars are CPD accredited and designed to be delivered in-house to your team. We are also happy to tailor training to meet the specific needs of our clients. If you would like more information on how Hardwicke’s employment barristers can help you, including our Employment Seminar Series, please contact Helen Burness, Senior Practice Manager.
The Supreme Court ruled in the case of Gisada Syf v Barratt [2010] UKSC...read more...
In Rosenbladt v Oellerking Gebaudereinigungsges mBh [2010], the ECJ held that a compulsory retirement age of 65 ...read more...
The ongoing saga of employee v agency worker was considered again in the case of Tilson v Alstom Transport [2010] EWCA Civ. ...read more...
In Malone and others v British Airways plc [2010] EWCA Civ 1225, the Appellants, cabin crew, claimed British Airways plc...read more...
The Government's new advisor on small businesses, Lord Young, could recommend an increase in the length of time employees have to work before being allowed to bring unfair dismissal claims. Employees can currently take unfair dismissal claims against employers once they have been in their jobs for a year. Lord Young is planning on consulting with small businesses with a view to increasing the requirements to two years. This is merely one of a line of enquiry at this stage. It is likely to be welcomed by employers because it provides flexibility, but will be matched by fierce opposition from employee groups.
The Government has announced that the right to request flexible working will be extended to parents with children under 18 from April 2011. The Employment Relations, Minister Edward Davey, is launching a consultation on how to extend this right and create a new system of flexible parental leave, which it is estimated may affect up to 30,000 people. The Government has also confirmed that the additional Paternity Leave Regulation which applies to parents of children due on or after 3rd April 2011, will remain in force.
