Dentons - UK Employment Law Round Up

Trade Union Bill receives Royal Assent

May 31, 2016

On 4 May 2016, the Trade Union Bill received Royal Assent and became the Trade Union Act. The Bill had been widely criticised since its announcement last year and the union, Unite, has now described its approval as an act of parliament as a "dark day" for workers in England.

Call for Evidence into non-compete clauses

May 31, 2016

The Government has launched a call for evidence to look at whether post-termination restrictions in employment contracts act as a barrier to employment, innovation and entrepreneurship.

Trade Secrets Directive

May 31, 2016

On 14 April 2016, the European Parliament approved the new European Union Trade Secrets Directive which will create a minimum legal benchmark to protect secret and valuable business information, known as trade secrets.

“Can I have my job back?” – reinstatement and re-engagement in the employment tribunal

May 31, 2016

In circumstances where an employment tribunal upholds an unfair dismissal claim, it is open to the tribunal to make an order for reinstatement or re-engagement. Reinstatement requires the employer to treat the employee as if they had never been dismissed.

Are emails sent at work private?

May 31, 2016

In Garamukanwa v. Solent NHS Trust [2015], the EAT has upheld a finding that Article 8 of the European Convention on Human Rights was not engaged where an employer had used material during a disciplinary hearing that was found on the employee's phone and provided to the employer by the police.

Are provisions contained in a staff handbook capable of being incorporated into an employment contract?

May 31, 2016

The case of Department for Transport v. Sparks [2016] recently confirmed that provisions contained in a staff handbook or policy are capable of incorporation within contracts of employment.