BA and Unite – update

[picappgallerysingle id=”8828664″ align=”left”] The Court of Appeal will begin hearing submissions at 2.00 p.m. this afternoon in order to determine whether Unite will be granted leave to appeal against yesterday’s injunction which prevented the latest scheduled strike from going ahead. As has been widely reported, Mr Justice McCombe granted an injunction in favour of British…

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post termination covenants – non-competition – period of restriction

[picappgallerysingle id=”7776916″ align=”left”]Many employers are worried about employees leaving to work for a competitor and therefore seek to impose restrictions on what the employee can do after termination of employment. These post-termination covenants are clearly in restraint of trade and therefore contrary to public policy. However, they are permitted if they can be shown to…

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unfair dismissal – procedurally unfair but what if it might have been fair

Many employment judges regard the frequently made distinction between procedural and substantive unfairness as artificial and there is judicial authority to support that view. Now that the ill-fated Employment Act 2002 (Dispute Resolution) Regulations 2004 (which imposed mandatory procedures) have been scrapped, the hoops which an employer needs to get through to avoid a finding…

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