Welcome to this month's briefing for HR teams and in-house employment counsel – bringing you this month’s employment law highlights in an easy-to-read package, and now with an easy-to-listen-to podcast too!
Podcast: non-compete clauses
We’re absolutely delighted in this month’s podcast to welcome our first guest speaker, Paul Goulding KC. Paul’s experience in employee competition litigation and team moves is unrivalled, which makes him the perfect person to discuss the Government’s proposed reform of non-compete restrictions. Join him in discussion with Matthew Ramsey.
Holiday pay
Statutory holiday (which can be supplemented by additional contractual arrangements) is governed by the Working Time Regulations (Regulations), which are based on the EU Working Time Directive (Directive). The Regulations do not allow payments in lieu of holiday, except on termination of employment, when accrued but untaken leave can be paid out. A simple formula is provided in the legislation, but that can be set aside either in a collective agreement, or in the employment contract. The Employment Appeal Tribunal has recently considered whether such a provision can produce a payment lower than the statutory formula would generate. The answer is a resounding no. The Directive, and therefore the Regulations, give workers a right to paid time off, and what counts as pay has been exhaustively litigated over many years. It would be contrary to the purpose of the legislation is workers could agree to...
The United States alleges that from September 2015 through December 2020, St. Michael’s Eye & Laser Institute (St. Michael’s) and Dr. Michaelos caused the submission of false claims for transc...