Welcome to the Canter Levin & Berg Employment Solutions Blog

Government announces consultation on devolving Sunday trading rules

On 5 August the Government commenced a consultation on allowing local areas to set their own Sunday trading rules. Larger shops (over 3000 square feet) have been restricted to a maximum six hours and it is felt that this is out of keeping with on-demand shopping available elsewhere, particularly online. The options under consideration are…

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Is the denial of a choice of representative a breach of contract?

In 2004 Professor Martin Stevens was appointed to the Chair of Medicine (Diabetes and Metabolism) at Birmingham University. His duties included leading and co-ordinating a programme of research into the aetiology and management of diabetic neuropathy, foot complications and heart disease complicating diabetes. In addition he led the multidisciplinary diabetic foot service and diabetic neuropathy…

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Government launches consultation on simplification of tax treatment of termination payments

One of the most contentious areas in the field of employment law concerns the tax treatment of settlement payments on the termination of employment. In the 20 years plus that I have been dealing with employment law matters the law in this area has never been entirely settled and there has been a long series…

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Team poaching and springboard injunctions

Springboard injunctions are often granted in circumstances in which senior or key sales employees leave to work for a competitor. The name derives from the case of Bullivant v Ellis (1987) in which Mr Justice Falconer stated that the purpose of the injunction was “to prevent the defendants from taking unfair advantage of the springboard which…they…

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Qatar Airways under pressure to scrap policy that allows it to sack pregnant cabin crew

Although our blog is primarily concerned with cases that fall within the jurisdiction of England and Wales there are occasionally international cases which warrant comment. One such is the recent ruling of the International Labour Organisation, part of the United Nations, that Qatar Airways has discriminated against its female employees. Qatar Airways describes itself as…

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Christian who told lesbian work colleague that homosexuality is a sin was victim of discrimination

It seems that barely a month passes without religion and law conflicting in the area of protection from discrimination. I have written recently about the obvious dilemma when seeking to provide protection in respect of conflicting protected rights and by far the most obvious conflict is between religion or philosophical belief and the others. This…

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Holiday pay doesn’t include voluntary overtime, does it?

I rarely report decisions of the Northern Ireland courts because they are not binding in England and Wales. However, this is the second consecutive month in which a Northern Irish decision is worthy of comment, this time from the Court of Appeal in Patterson v Castlereagh Borough Council. Mr Patterson, a lead claimant for the…

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Priority of discrimination protection – religion, sexual orientation and political belief

I expect that most readers will have seen some of the widespread media coverage concerning the Northern Irish case of Lee v Ashers Baking Co Ltd and others. I have pointed out for some time that, particularly in the context of protection from discrimination relating to religion or philosophical belief, there is an obvious risk…

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What is to be done about appraisals?

According to an article in The Times (behind paywall) the BBC has more than lived up to the stereotypical portrayal of it in comedy series W1A by abandoning appraisals “because the meetings risk making staff members feel that their performance is being appraised”! Appraisals are to be replaced with “performance development reviews” which are intended to…

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