Many of our clients (in the US and outside) are tracking the progress of the Federal Trade Commission’s proposal to ban non-compete agreements. It remains to be seen whether that rule will be introduced, and if it is, there will undoubtedly be litigation challenging it. In the meantime, however, it is worth noting that the
Employment Status – An Update
There has been some debate in recent years as to whether or not the written terms between an alleged independent contractor and the recipient of their services hold any weight at all when determining the employment status of an individual.
In the past, it was always thought to be one factor to be weighed up…
New Code of Practice for “fire and re-hire”
The Government is consulting on a draft Code of Practice that will regulate the practice of dismissal and re-engagement, or “fire and re-hire”, as it has become known more recently. This is the practice that became particularly controversial following the dismissal by P&O of 800 staff in 2022, in order to replace them with lower-cost…
Claiming legal privilege over a grievance investigation report
In this episode of the Mayer Brown employment podcast, Chris Fisher looks at a recent case where an employer was unable to claim legal privilege over a grievance investigation report which they had sent to their lawyers for advice the day after it had been finalised, and before it had been sent to the employee. …
Enforcing non-compete clauses: the importance of delay and the balance of convenience
In this episode, Chris Fisher looks at the recent Court of Appeal decision in Planon v Gilligan, where the employer was refused an injunction to enforce a non-compete clause because of the loss of income that the employee would have suffered and the two month delay before the employer issued its proceedings.
Special DE&I Podcast – Equal Pay Settlement for US Women’s National Soccer Team
In this special podcast series, I deal with topics in the area of Diversity, Equity & Inclusion (DE&I). Each episode will focus on a particular DE&I initiative or issue. In this episode, I interview two of my Mayer Brown partners, Nicole Saharsky and Marcia Goodman, who represented the US women’s national soccer team in their…
Latest cases: enforcing a 12 month non-compete, resignations turning into dismissals and agency workers’ rights to vacant roles
In the latest episode of our Employment Podcast, Chris Fisher and Miriam Bruce look at three recent cases:
- whether a 12 month non-compete covenant could be enforced against a solicitor (either through the covenant in their employment contract or the slightly wider covenant in their shareholder agreement);
- whether a resignation becomes a dismissal if the
Do employers have to offer a right of appeal on redundancy?
In this episode of our employment podcast, we look at the recent Court of Appeal case of Gwynedd Council v Barratt and the question of whether (or when) an employer should offer a right of appeal on a redundancy dismissal in order to avoid a claim of unfair dismissal.
Listen to it here: https://www.mayerbrown.com/en/perspectives-events/podcasts/2021/09/do-employers-have-to-offer-a-right-of-appeal-on-redundancy
Whistle-blower manipulation cases
In the latest episode of our employment podcast, we look at the recent EAT case of Kong v Gulf International Bank, where a whistleblower claimed that their dismissal was unfair because it had been manipulated by a manager who was not involved in the dismissal process. Listen to it here: https://www.mayerbrown.com/en/perspectives-events/podcasts/2021/09/whistleblower-manipulation–limiting-the-jhuti-principle
Mayer Brown Employment Law Podcast Episode 208: Discrimination Update – interim relief and gender critical beliefs
In episode 208 of our Employment podcast, Christopher Fisher is looking at two recent discrimination cases dealing with two important issues – will interim relief remedies be introduced for discrimination claims and will gender-critical beliefs be protected as philosophical beliefs. One case is from the EAT and one from the Court of Appeal. You can…