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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC – what are the implications of the Supreme Court’s judgment?

Nathaniel Caiden considers today’s Supreme Court judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC  in which Caspar Glyn QC and Tom Brown successfully represented Mrs Haywood. Today’s Supreme Court judgment has identified a standardised implied term when giving written notice of dismissal (i.e., a term implie...
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12 Week rights for agency workers: Kocur v Royal Mail

Tom Coghlin QC considers the important judgment of the Employment Appeal Tribunal (EAT) in Kocur v Royal Mail and anor UKEAT/0181/17 , a decision which brings much-needed clarification to the rights of agency workers to the same basic working and working conditions under the Agency Worker Regulations 2010. Nathaniel Caiden of Cloisters appeared for...
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Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

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

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

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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