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Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

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In this blog Nathaniel Caiden considers yesterday’s judgment by the Court of Appeal that concerned constructive knowledge of disability - Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (in which Tom Brown appeared throughout for the successful party). HR professionals, employers, lawyers and courts all have to deal with the sometimes fraught questi...
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Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman

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Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.   Background The facts of the case are summarised in the previous blog (see he...
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Voluntary Overtime and Holiday Pay

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Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.   Introduction On 31 July 2017, when many were actually on holiday, the EAT handed down the latest judgment dealing with holiday...
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‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman

‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman
Jacques Algazy QC and Nathaniel Caiden consider whether the case of Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) marks the start of a trend whereby restrictive covenants against employees will be increasingly upheld owing to an employer’s ‘future intention’ of the employees’ progress (that is promotions and increasing seniority).     ...
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Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden
In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achie...
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