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Category Archives: Employment

Shiva Shadi – Partner and Head of Employment Law – discusses the new EU Settlement Scheme and what it means for Employers and European Citizen Employees

European citizens have been able to come to the UK and work without restrictions or requiring any specific permits or visas.  In fact the UK economy has relied on European migrant workers to fill skills shortages especially in industries such as tourism. However, employers should be aware that this is changing so that European Citizens... Read the rest of this entry →

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Shiva Shadi – Partner & Head of Employment – discusses electronic recordings for internal meetings

Historically, I would receive numerous calls a year from employers who were concerned that their employees had been covertly recording meetings, or that their employees had threatened them with such recordings. Today, the landscape has shifted to such an extent that employers are considering whether they themselves should be recording all formal meetings. Every organisation... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Shiva Shadi – Head of Employment – discusses Non-Compete Clauses

Restrictive covenants have long been used by employers as a mechanism to, for example, restrict their former employees from working for their competitors. The Supreme Court this week has heard the case of Tillman v Egon Zehnder Ltd which considered the specific wording of such restrictive covenants. The case itself centres around whether an ex-employee’s... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Employment Law Newsletter – October 2018

Welcome to our Employment Law Newsletter! It has been a busy time since our last newsletter with some significant Court decisions which we have set out below. You may be aware that the Government recently published a White Paper which indicates that no EU based laws will be repealed following Brexit meaning that TUPE, the... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Tribunal Statistics

The Ministry of Defence has published its latest statistics for the period of April to June 2018. The statistics show that the number of single employment tribunal claims increased by 165% and the number of single claims outstanding rose by 130%.  Recruitment of judges is currently being undertaken but the backlog will still take some... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Parental Bereavement (Leave and Pay) Act 2018

This Act received Royal Assent in September and provides a right to two weeks away from work for those employees who have unfortunately lost a child under the age of 18.  There will be supporting regulations to follow that will set out details including remuneration, if any etc. The Regulations are not expected to be... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Employment References

Employment references are run of the mill everyday occurrences, however they do cause no end of issues for employers and – in turn – employees. Helpfully, ACAS has released guidance on providing employment references, setting out what references should include, whether or not references must be provided and whether an employer can give a bad... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

TUPE 2 – Travel Allowance

In Tabberer and Others –v- Mears Ltd and Others the EAT held that the removal of an “out dated and unjustified” contractual allowance was not void under TUPE. The electricians under their previous employment with the council had an entitlement to “Electricians Travel Time Allowance” which had been introduced back in 1958.  This allowance was... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

TUPE

In the case of Colino Siguenza –v- Ayuntamiento de Valladolid and Others the CJEU considered whether a five-month suspension in an undertaking’s activities impeded a TUPE Transfer. A music teacher, together with all his colleagues, was dismissed on 27th March 2013 and on 1st April 2013, two months before the end of the academic year... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Vicarious Liability

The Court of Appeal in Bellman –v- Northampton Recruitment Limited has held that the Respondent company was vicariously liable for its managing director’s actions at a Christmas party.   Following a Christmas party organised by the Respondent company, the MD arranged taxis to transport staff to a hotel where they continued drinking with the drinks being... Read the rest of this entry →

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