Archives: Employment Contracts

Subscribe to Employment Contracts RSS Feed

No help from UK Courts for “absurd” non-competition covenant – over to you, employers

A strong message to employers from the Court of Appeal this week to check your restrictive covenants, but this time to do it properly.  None of that just casting an idle eye over the relevant page of your executive’s contracts – description of territory, tick; vague reference to competition, tick; not wholly fanciful restraint periods, … Continue Reading

Wages claim exposes cheerleaders’ relations with players

Following on from Ellen Inglis’ piece on Kerry Miller, the Burton Albion Football Club administrator who sent ‘sexy selfies’ to players half her age, comes a tale from ‘football’ on the other side of the Atlantic, of players, cheerleaders, rules and mild condescension.    The Oakland Raiders, with their skull and crossbones logo and rabid fans, … Continue Reading

Back to the future – the ongoing application of the provisions of the new law of June 2013 on French part-time contracts

Many of the provisions of the new law passed in June 2013 relating to part-time employment came into force on 1st January.  These provisions include a minimum of 24 hours’ work per week (which may be waived in certain cases) and an increased rate of salary for extra hours from the first hour of overtime (previously, … Continue Reading

All roads lead to Rome for EU governing law clauses

Schlecker v Boedeker C-64/12 concerned a dispute over the correct law applicable to an employment contract in the absence of an express governing law clause; the dispute provided the European Court of Justice with a timely opportunity to reiterate the correct application of the Rome Convention to employment contracts. The Convention allows parties to a … Continue Reading

US Federal Contractors and Subcontractors Beware: Your Affirmative Action Obligations are About to Increase

Days ago, on August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule which increases the affirmative action obligations of federal contractors and subcontractors, which have been in place for over 40 years, with regard to individuals with disabilities (IWD) and military veterans.  The Final Rule … Continue Reading

High Court tells ex-employees to hand back control of LinkedIn Groups to employer

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

Backing a new employee in restrictive covenant proceedings can be costly

Earlier this month, the New South Wales Supreme Court in Australia ordered costs against an employer which funded an employee’s defence of restraint proceedings instigated by his former employer. HRX Pty Ltd v Scott is the latest in a series of legal spats involving human resourcing companies Talent2 and HRX. In this case, HRX employed … Continue Reading

Variety no Longer the Spice of Life for Mel B

 In a recent New South Wales decision, the Supreme Court of Australia found that television company Seven Network (Operations) Limited (Seven) was entitled to final injunctive relief against UK former Spice Girl Mel B(rown), who sought to work on a competing television talent program in breach of her contract to provide exclusive services to Seven … Continue Reading

Owners vs employees …

I have been thinking some more about the Government proposal for employees to acquire shares in their employer in exchange for signing away some of their employment rights. Instinct and experience tell me that shared ownership is generally a good thing, it can strengthen the commitment of employees to the goals of the organisation in … Continue Reading

Variable Remuneration – determination of the Bonus Pool

Companies often tell staff how the bonus pool is doing during the fiscal year. According to a new decision of the German Federal Labour Court greater caution should now be exercised in this regard.   The employees received an annual bonus payment awarded at the employer’s discretion. In August 2008 the employer formed a view of … Continue Reading

The perils of believing your own rhetoric – new contracts fail reality test

You were probably as surprised as we were to hear yesterday that George Osborne was entreating the workers of Britain to unite.  It soon turned out that George is not swapping his pinstripes for a hammer and sickle.   Rather, he is proposing a faintly unlikely unison between employers, employees and the taxman. Under a new … Continue Reading

Shares for rights – method or madness?

Yesterday George Osborne announced that the Government will be introducing a new type of employment contract, known as an “owner-employee” contract. The basic idea is that employees will give up some of their employment rights in return for a stake in the business they work for.  In particular, employees will be entitled to receive between … Continue Reading
LexBlog