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Consultant was in breach of confidentiality obligations
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The High Court has held that a consultant was in breach of obligations of confidentiality to a former client, when he misused confidential information to develop a competing product for another party (Vestergaard Frandsen AS and others v Bestnet Europe Limited and others


Equal pay and "piggyback" claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses


Holidays and sick leave: what employers need to know
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave


Equal pay update
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

We consider justification of pay protection arrangements and an EAT decision on common terms for the purposes of choosing comparators in equal pay claims


Sham contract does not require intention to mislead a third party
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

The Court of Appeal has held, in the case of Protectacoat Firthglow Limited v Szilagyi, that it is not necessary for there to be a common intention to deceive third parties in order for a court or tribunal to find that contractual arrangements amount to a sham


Minimum wage and tips
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage


"Fit note" consultation launched
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The Department for Work and Pensions has unveiled a medical "fit note" to replace current sick notes


Redundancy pay to increase from October
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The Government has published a final impact statement in relation to the budget proposal to increase redundancy pay


National minimum wage
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The Government has announced that with effect from 1 October 2009 the standard rate of the national minimum wage will increase from £5.73 to £5.80


EAT confirms test for constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The EAT has confirmed that the "band of reasonable responses" test does not apply to the question of whether an employer has committed a fundamental breach of contract, entitling an employee to resign and claim constructive dismissal (Bournemouth University Higher Education Corporation v Buckland