News and resources

10th August 2017

Employer’s Question: Sick pay and medical evidence from outside the UK

One of our marketing assistants fell sick while on holiday in Spain. She has provided us with a doctor’s certificate issued from the hospital in Spain, in Spanish, stating she is unable to work for the next 6 weeks. Are we obliged to accept this as medical evidence for the purposes of paying sick pay? Read more

9th August 2017

Post termination restriction invalid because of hypothetical scenario

The Court of Appeal has decided that a non-compete restriction in a contract was void because it did not contain a provision allowing the employee to have a minority shareholding in a competing business after termination, even though the employee had no intention of holding any shares. Will Walsh from RB’s Employment Team explains this decision further. Read more

19th July 2017

Employer’s Question: Post termination restrictions

Our new sales rep cannot carry out his role because of post-termination restrictions in place with his former employer. We didn’t know about them before he joined. Can we terminate his employment immediately on grounds that he can’t perform his side of the contract? Read more

19th July 2017

Holiday Pay: Right to paid holiday carries over indefinitely until a worker has the opportunity to take it

The Advocate General has given the opinion that a right to untaken paid annual leave will carry over indefinitely until the worker has the opportunity to take it. Will Walsh from RB’s Employment Team considers this further. Read more

28th June 2017

TUPE: When could a business sale allow an employee to release themselves from garden leave and their restrictive covenants?

In a recent case, the High Court considered whether an employee could object to the transfer of his employment during a business sale and whether, by doing so, he could end his period of garden leave early to join a competitor. Will Walsh from RB’s Employment Team explains the outcome of this case and the potential consequences for employers. Read more

27th June 2017

Restrictive Covenants: Are employees under a duty to disclose their intention to compete?

The High Court recently ruled that employees are probably not under a duty to disclose their intention to compete. Tony Hyams-Parish from RB’s Employment Team looks at the judgment in further detail. Read more

8th June 2017

Why employees will need to “mind the gap” when claiming underpaid holiday pay

The EAT has confirmed that a three-month gap between underpayments of wages breaks a "series of deductions" thereby limiting scope for employees to make retrospective claims for underpaid holiday pay. Tony Hyams-Parish, RB Partner and Head of Employment, considers what this means for employers. Read more

8th June 2017

The Gig Economy: what does the future hold for employment status?

The so called ‘Gig Economy’ has been hitting the headlines for the past few months following a wave of employment tribunal cases being brought by individuals wishing to clarify their employment status in order to cement their associated employment rights. Last month, the Work and Pensions Committee published the results of their inquiry to consider the effects of the gig economy on the welfare system and the social and economic position of workers. In the first of a two part feature, Tessa Robinson from RB’s Employment Team reviews the findings and associated recommendations published by the Committee. Read more

19th May 2017

Working Time: Are workers entitled to pay while on call but asleep?

For some time the legal position has been unclear in respect of workers who sleep on the premises and whether or not hours spent asleep count as working time. A recent Employment Appeal Tribunal decision has considered the issue further and has set down useful guidelines for employers. Will Walsh from RB’s Employment Team explains these further. Read more