90 Day Trial Periods To Go
The Labour government has announced its first big change to employment law today, which is expected to have its first reading in early February; businesses which have more than 19 employees will no longer be able to hire and fire employees under the 90-day trial period scheme.
Zero Hour Contracts
Availability provisions were in the headlines last year following the reaction of workers to what were termed “zero hour contracts”. These were contracts that did not guarantee any weekly hours for workers, but workers were prevented from working elsewhere.
The law was amended to prevent this and now we see its first application in the Courts. Unfortunately the Employment Court decision has not provided all the answers that we would have liked, but there are some useful points to take away from it.
Can I take clients with me?
Employers in businesses that are dependent upon good relationships with clients in a competitive industry often wish to include restraints in their employee’s employment agreement.
There are two common types of restraints that we often see. These are:
- Restraint of trade: where the employee is prohibited from working in the same industry as the employer within a certain distance of the employer’s premises, for a certain amount of time after employment ends.
- Non-solicitation: where the employee is prohibited from ‘soliciting’ clients of their former employer, for a certain period of time after employment ends.
This article focuses on what a non-solicitation clause means in practical terms.
A costly mis-steak?
It almost sounds like something out of Ramsay’s Kitchen Nightmares. Mr H was employed as a chef at a family run hotel. It was owned by Mr and Mrs D, and their daughter, S, and S’s partner T also helped manage the hotel. T often helped in the kitchen.
A Lesson on Suspension
The following decision is a good reminder that Employers need to ensure they follow their own policies and procedures when dealing with Employees.
A Court of Appeal decision involved a bus company (“R”) who suspended an employee (“M”) after he was charged with alleged sexual assault.
