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Toni Lorenzo and Alistair Hayes provide practical observations on the High Court's decision in Nissan Motor’s case for the Solicitors Journal01 April 2022
Background: Ravinder Passi was previously employed as Nissan’s Global General Counsel based in Japan. His employment was terminated in November 2020. Mr Passi brought two Employment Tribunal claims, including allegations of whistleblowing, detriment and victimisation (one during – and one following the end of – his employment). On providing his disclosure in connection with these claims, Nissan realised Mr Passi had removed and retained hundreds of highly confidential and privileged documents.
A requirement to offer or accept a minimum amount of work is not a prerequisite of worker status, says the Court of Appeal10 March 2022
In this latest employment status case, the Court of Appeal considered if an individual can be a worker without there being any commitment to offer or accept a minimum amount of work. The Court concluded that such a commitment is not a requirement of worker status and that a panel committee member was, therefore, a worker entitled to paid holidays.
18 February 2022
The High Court has granted an injunction preventing Tesco from “firing and rehiring” employees in order to remove a contractual entitlement to enhanced pay. While the facts of this case were unusual and it is unlikely to lead to a flood of similar cases, with the practice of “fire and rehire” coming under increasing scrutiny, we consider the implications for employers.
16 February 2022
The High Court has issued an injunction against the former Global General Counsel of Nissan, ordering him to return the confidential documents he kept after his employment ended. It did not matter whether the documents were kept for the purposes of taking legal advice.
Lewis Silkin secures injunction against former Nissan GC with High Court ruling confidential documents were retained in breach of contract
Press Release10 February 2022
Judge Andrew Keyser (High Court Chancery Division) has ruled that the former global general counsel of Nissan (Ravinder Passi) must return or destroy confidential documents owned by the automotive giant.
29 October 2021
Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
Inbrief29 October 2021
Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies28 October 2021
In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.
11 October 2021
The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times
Press09 August 2021
One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?
24 June 2021
The Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were “workers” for the purposes of the UK’s trade union recognition legislation.
Press Release24 June 2021
By a unanimous 3-0 verdict, the Court of Appeal has upheld the High Court’s dismissal of a judicial review of a finding by the Central Arbitration Committee that Deliveroo riders are not “workers”. The Court ruled that the riders are not in an “employment relationship” for the purposes of European law.
21 May 2021
In this article, we set out our key recommendations for protecting your start-up business against employee competition, from managing the risks arising when you recruit new employees to putting in place the right contracts and responding to competitive threats.
Press20 May 2021
Carla Feakins explains how to police employee side-hustles on the Times Enterprise Network.
Inbrief20 February 2021
Protecting your business from competitive threats is vital. Losing a team or a key employee to a competitor can be extremely damaging. You may lose clients, prospects, and other staff. Your valuable confidential information may be put at risk.
Reforming non-compete clauses: radical change ahead? David Samuels, Mike Anderson and Toni Lorenzo comment for PLC Magazine
Press29 January 2021
As part of the government’s intention to support businesses in recovering from the economic effects of the COVID-19 pandemic, the Department for Business, Energy & Industrial Strategy (BEIS) is consulting on reforming the law on post-termination non-compete clauses in employment contracts. David Samuels, Mike Anderson, and Toni Lorenzo share their insights in this article for PLC Magazine.
10 December 2020
The government recently launched a consultation on reforming the law concerning post-termination non-compete clauses in employment contracts. Its proposals include making such terms enforceable only if the employer pays the individual for the period of restriction, or, alternatively, prohibiting the use of such clauses altogether.
Press18 September 2020
Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.
Press08 September 2020
While the recruitment industry is subject to general legal regulation, additional legislation applies in some sectors such as agriculture, food processing and the care sector. This may require recruiters to be licensed and subject to a rigorous compliance regime.
Inbrief03 September 2020
Many owner-managers and entrepreneurs plan to start new businesses in the same space as their current one. Managing this transition effectively is often the key to success in the new business and getting it wrong can result in the new business failing before it has even started.