“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading
Last month the Government was hard at work, looking at ways to drive forward the UK economy. What was it doing, I hear you ask…was it Brexit? Was it the EU-US Free Trade Agreement? A potential saviour for the Port Talbot steelworks? British Home Stores? In a word, no. Dissatisfied with the UK placing second … Continue Reading
Here is a question for you – do you know what an agronomist is? Anybody? Well, he/she applies the science and technology of producing and using plants for such purposes as food, fuel, and soil management. Well done if you got that. If not, you heard it first at the Employment Law Worldview blog. I … Continue Reading
One of the most litigated but least legislated aspects of the UK employment relationship is the concept of the trade secret. Over the years there have been many cases in senior Courts across the UK, but each is to a large extent dependant on its own facts. The key questions of exactly what is and … Continue Reading
So there it is – in a tremendous boost for transatlantic relations, the European Court of Justice has decided that America is not to be trusted with the personal data of EU residents. That is not exactly the way the decision is phrased, of course, which (so far as relevant to UK HR) is more … Continue Reading
At some point – and often with considerable frequency – employers must conduct internal investigations related to possible employee misconduct. Whether those investigations involve allegations of sexual harassment, hostile work environment, violation of drug or alcohol policies, theft, damage to equipment, or the like, maintaining confidentiality in the investigatory process is vital to ensuring the … Continue Reading
The US Securities and Exchange Commission (SEC) recently sent letters to numerous, unnamed publicly-traded US companies requesting every nondisclosure agreement, confidentiality agreement, severance agreement, and settlement agreement the companies have entered into with employees since the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) was enacted, as well as any other documents related to … Continue Reading
Taking a stand against jilted ex-lovers, Western Australia has joined the UK and USA to fight the war on ‘revenge porn’. Revenge porn occurs when the (either actually or imminently) ex-partner posts nude or intimate pictures or videos online without consent. In the absence of appropriate laws, perpetrators have often escaped liability. In response, countries … Continue Reading
‘Tis the season of goodwill. Well, for most of us at least… Over in Oxfordshire, a pub has just dismissed one of its chefs. We don’t really know much about why, or whether it was reasonable. One might venture that the dismissal of a chef just 10 days before Christmas is unlikely to be unfounded, … Continue Reading
The European Commission has published proposals to reform trade secrets law across Europe, in an effort to make it easier for national courts to deal with employees and former employees unlawfully taking, using and profiting from confidential business information. The reforms are set out in a new EU Directive. More detail on the content of … Continue Reading
In one’s darker moments at work the prospect of 12 months’ compulsory paid leave sounds like the way to go. In reality, the damage done to your name, skills and client connections could be very substantial. How could the employer ever justify that requirement? In JM Finn & Co Ltd v Holliday the High Court … Continue Reading
Thomson v Apem (High Court) “Can you stop 18 employees leaving for a competitor” A recent High Court case (Thomson Ecology Limited & Others v Apem Limited, Hall & Others) serves as a useful reminder to employers about the importance of ensuring that you have appropriate restrictive covenants and confidentiality clauses in place for key … Continue Reading
In 2013 Squire Sanders is presenting a series of webinars focusing on restrictive covenants around the globe. These webinars will provide participants with an understanding of the basic principles of restrictive covenants in different jurisdictions. On 26 September 2013 at 9am BST (4pm CST & HKT) our featured countries are Hong Kong and China. Nick … Continue Reading
In recent webinars and workshops we have discussed the issues presented by the use of social networking sites, particularly LinkedIn, by employees who leave to join a competitor or set up on their own. Last week, written judgment was handed down in relation to an injunction application in the case of Whitmar Publications Limited v … Continue Reading
