Tag archives: contracts of employment

Preparing to return to the workplace – what should employers be doing?

As the UK Government has published the Plan to Rebuild – the UK Government’s COVID-19 recovery strategy to transition England from lockdown, one of the key areas is how to get people back to the workplace safely.  The Government has also published guidance covering eight workplace settings which are allowed to be open, intended to make workplaces as safe as possible and to give people confidence to go back to work during the coronavirus pandemic. The guidance was developed in consultation with businesses, unions and industry leaders.

The guidance sets out five key points which should be implemented by employers … Continue Reading

Upcoming Employment Law Changes in 2020

As we start the new year with a new Government in the UK, we consider the important employment law changes that will, or may, come into effect in 2020.

New right to a written statement of terms

Currently, employees who have been continuously employed for more than one month must be provided with a written statement of terms within two months of employment commencing. From 6 April 2020, this right is being extended to include workers as well as employees. In addition, the right to the written statement will be a day one right, meaning that workers will be entitled … Continue Reading

Crowd workers do not qualify as employees

As the end of the year approaches, the German courts have published a decision providing employers with further clarity on the issue of crowd working.

What is crowd working?

Crowd working is a highly flexible form of working. According to the Federal Ministry of Labour and Social Affairs (BMAS), around 4.8 percent of the German electorate earn their money through “mini-jobs” or tasks sourced through the internet. These crowd workers take on work from companies that is offered to all, for example via apps or on general or specialised network platforms. These tasks generally have to be completed within a … Continue Reading

In its first decision on restrictive covenants in more than a century, the UK Supreme Court upholds a 6-month non-compete covenant adopting the more liberal approach to the rules of severance

In the case of Tillman v Egon Zehnder Ltd [2019] UKSC 32, the Supreme Court has upheld a 6-month non-compete covenant, adopting the more liberal approach to the rules of severance.

The Court ruled that on its proper construction, the covenant was unreasonably wide in that it restrained the employee from holding a minority shareholding in a competing business but held that the offending part of the covenant could be severed so as to make it enforceable.

Legal background

In the UK restrictive covenants are prima facie void as being in restraint of trade unless they go no further than … Continue Reading

What to expect in 2019

Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months.

The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some to increase transparency and clarity of rights between employers and workers (including issues relating to employment status) and others to improve the rights of atypical workers. This post highlights some of the key areas for change.

Employment status

A key area for change is in … Continue Reading

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