In this latest edition of our ‘Need To Know’ employment and HR newsletter, we look at employee entitlements to time off work for bereavement, the legality of keeping confidential information from a past employer for the purpose of legal claims, responsibilities to be aware of regarding the expiry of employees’ fixed term contracts, and the latest rates and legislation update on compensation limits.
- Entitlement to time off work for bereavement
- Can you keep your ex-employer’s confidential information for legal claims?
- Beware the expiry of a fixed term contract
- Rates and Legislation Update March 2022
HR Bullets
- A Court of Appeal has clarified that, under the Agency Workers Regulations, Agency Workers have a right to be notified of relevant vacant posts but that this does not extend to having a right to apply for or be considered for a directly employed vacancy with the hirer. Kocur v Angard Staffing Solution Ltd
- A cricket club groundsman, who operated though his own business, was held not to be a worker by the Employment Appeals Tribunal and so he was therefore not entitled to holiday pay. Mr H Waters v The Mote Cricket Club
- A non-competition restrictive covenant in a service agreement can prevent a solicitor from joining a competitor, held the High Court. Law By Design Ltd v Ali
- A rare re-engagement order was made against a bank, with the Employment Tribunal awarding a trader who had been unfairly dismissed a substantial sum of money reflecting his lost salary and benefits for the period between his dismissal and re-engagement. Jones v JP Morgan Securities plc
- An unfair dismissal compensatory award may be reduced for contributory conduct by the employee even if the dismissal would not have occurred had the employer acted fairly. Mr H Wilkinson v Driver and Vehicle Standards Agency
- An employee had not been ‘dismissed’ for the purposes of s. 95 ERA 1996 when, following the employee’s resignation, their employer relied on a contractual payment in lieu of notice provision to bring forward the employee’s actual termination date. Fentem v Outform EMEA Limited