It is common practice for employers to include restrictive covenants in employment contracts. However, restrictive covenants can amount to an unlawful restraint of trade and will therefore be unenforceable. These clauses will only be ...
News archive: 2012
The High Court holds that a Christian employee who expressed his views about gay marriage on Facebook had not committed misconduct by doing so and that in demoting him, his employer had acted in breach of contract. On Mr Smith’s ...
The European Court of Human Rights (ECHR) has held that the UK does not currently provide adequate protection from dismissal on the grounds of political party membership. Mr Redfearn was employed by Serco as a driver. He provided ...
The Employment Appeal (EAT) Tribunal holds that a lap dancer was an employee and therefore entitled to bring a claim of unfair dismissal. Ms Quashie worked for the Stringfellows as a lap dancer from June 2007. Ms Quashie signed a form ...
To succeed with a disability discrimination claim, the claimant must show they are disabled. This is often contested by respondents as the definition of disability is not straight forward, unless it’s a deemed disability under the ...
Mrs Larner was a public sector worker, working for NHS Leeds and she was on sick leave for an entire year. She had not taken any holiday and had not requested any holiday during the leave year. When her employment ended, Mrs Larner ...
Dismissal can be a fair for the reason of redundancy even when the selection pool consists of just one person. Mr Halpin was employed by Sandpiper Books initially completing administrative work in England and later as Sandpiper Book’s ...
On 24th October 2012 judgment was given in the above case in the Supreme Court. The Council were appealing a decision from the Court of Appeal which had found that 171 female claimants were successful in a claim for equal pay. The ...
The Employment team at MacDonald Oates are presenting a free bitesize breakfast seminar which will provide an update on the following topics: Constructive unfair dismissal Annual leave whilst on sick leave When: 19 November 2012, 8.00 ...
Hazel Manktelow, our Resolution trained Mediator has recently returned from maternity leave and we are therefore pleased to confirm that we are once again able to provide a family law mediation service. Many separating families are ...
The difficulties caused by the death of a party to divorce tend to arise when least expected. In those circumstances advisors are often in the unfortunate position of having to consider the legal implications of an unforeseen tragedy ...
You may have read in the press recently that the will and estate of Bernard Matthews, the millionaire turkey tycoon, is being disputed in the High Court. In short, the background to the matter is that Mr Matthews wished to leave his ...
Local charity, TLC has been chosen by staff at MacDonald Oates to be its nominated Charity of the Year for 2012. TLC, which stands for Tending, Listening and Comforting, is a small local charity which provides a befriending service ...
MacDonald Oates LLP is pleased to announce its accreditation to the Law Society’s Conveyancing Quality Scheme. To date less than 600 firms nationwide have achieved this status. To achieve Membership of the Scheme MacDonald Oates LLP ...