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Non solicitation clauses are commonplace in senior employees’ employment contracts. But how can an employer show that an employee has ‘solicited’ its clients? In the case of Towry EJ Limited v Barry Bennett and others, the employer was not able to show that their former clients had moved to a former employee’s current business due to any request, persuasion or encouragement by that former employee. Solicitation could not be inferred from the fact that a “tidal wave” of clients had moved to the former employee’s business, even though that might well look suspicious.
With the burden of proof lying squarely with the employer in trying to enforce restrictive covenants, careful consideration needs to be given to their drafting at the outset. A non-dealing clause may have proved more effective in this case with the employee being placed on garden leave to prevent them from having contact with key clients during their notice period.
The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.
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In the latest of the ongoing equal pay controversies within the BBC, the Employment Tribunal has handed down its judgment in Samira Ahmed case in a decision expected to cost the BBC in the region of £700,000 in back pay.
Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.
The wage rises will be welcomed by the lowest paid workers but raising the minimum wage levels significantly more than the current rate of inflation will increase pressures on employers.
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