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Post-termination restrictions in unsigned contract were binding on employee

Baker & McKenzie
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United Kingdom
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December 21 2012

The High Court has held that an employee was bound by the terms of an unsigned contract of employment (including, crucially, its post-termination restrictions) because his acceptance of the contract could be inferred through his conduct: he had applied for some benefits which were only available under the unsigned contract

No VAT recovery on service charge for commercial property

Baker & McKenzie
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European Union, United Kingdom
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December 12 2012

The Court of Justice of the European Union (CJEU) has ruled that the provision of property maintenance and cleaning services can form part of the main supply of leasing office premises, implying that its earlier decision in Tellmer is limited to the circumstances of that case

Liability of parent companies for actions of their subsidiaries

Baker & McKenzie
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United Kingdom
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May 29 2012

In Chandler v Cape Plc 2012 EWCA Civ 525, the Court of Appeal held that a parent company owed a duty of care to a claimant who had worked for one of its subsidiaries over 50 years ago, in circumstances where the subsidiary had been subsequently dissolved

No recovery for VAT on takeover deal fees

Baker & McKenzie
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United Kingdom
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March 29 2013

The UK Court of Appeal has held in the case of BAA plc that VAT on a holding company's deal fees for acquiring target company shares is not

Non-compete not reasonable at the time it was entered into

Baker & McKenzie
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United Kingdom
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October 23 2012

The High Court has held that the enforceability of a non-compete clause must be decided at the time it was entered into, even where the employee has subsequently been promoted to a role where the restriction would be more reasonable, unless the clause is explicitly re-affirmed at the time of the promotion

Unions may apply for statutory recognition in respect of workers based overseas

Baker & McKenzie
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United Kingdom
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November 12 2012

The High Court has held that a UK trade union could apply for statutory recognition in respect of a group of employees notwithstanding that over 70 of the employees lived outside of the UK

Religion or belief in the workplace: EHRC guidance following Eweida and others v United Kingdom

Baker & McKenzie
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United Kingdom
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March 20 2013

The Equality and Human Rights Commission has published a short guide for employers dealing with religion and belief in the workplace, following the

Employee competition:springboard injunctions, fiduciary duties and obligations of confidentiality to prospective employer

Baker & McKenzie
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United Kingdom
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February 1 2012

In the first of 2 cases on a similar theme, we report this week on a decision of the High Court to grant a springboard injunction preventing three employees from joining a potential competitor on the basis of evidence that they had breached their duties of confidentiality and fidelity during their employment

PILON clause: employment did not terminate until payment made and employee notified of exercise of payment in lieu clause

Baker & McKenzie
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United Kingdom
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March 20 2013

The Supreme Court has held that a termination was not effective when the employee was notified that he was being dismissed with immediate effect or

VAT refund claims for credit card fraud: a boost for hard-pressed European retailers?

Baker & McKenzie
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European Union, United Kingdom
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December 12 2012

In a claim brought by Dixon, the UK First-tier Tribunal has referred questions to the Court of Justice of the European Union (CJEU) relating to the fraudulent use of credit or debit cards

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Search results

Post-termination restrictions in unsigned contract were binding on employee

No VAT recovery on service charge for commercial property

Liability of parent companies for actions of their subsidiaries

No recovery for VAT on takeover deal fees

Non-compete not reasonable at the time it was entered into

Unions may apply for statutory recognition in respect of workers based overseas

Religion or belief in the workplace: EHRC guidance following Eweida and others v United Kingdom

Employee competition:springboard injunctions, fiduciary duties and obligations of confidentiality to prospective employer

PILON clause: employment did not terminate until payment made and employee notified of exercise of payment in lieu clause

VAT refund claims for credit card fraud: a boost for hard-pressed European retailers?

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