William Azuh

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Articles

Summer 2024 employment trends series: restrictive covenants

Aug 14, 2024 | lexology.com | William Azuh |Verity Buckingham |Laura Jackson |Leslie M. Martin |Helena Rozman

As part of our summer 2024 employment trends series, we share our observations on developments in relation to restrictive covenants, both in the UK and further afield. In the UK, we have not seen any new statutory developments on restrictive covenants following the previous government’s response to its consultation on post-termination non-compete clauses.
A reminder of the importance of restrictive covenants in employment contracts

Jun 19, 2024 | lexology.com | William Azuh

Last month, the High Court (the Court) granted interim injunctions preventing a former employee from soliciting or dealing with his former employer’s customers after the company found out that he had engaged with at least 26 of their customers in breach of the restrictive covenants in his employment contract. BackgroundIn Morgan Fire Protection Limited v.
Matthews v. CGI IT UK Ltd: EAT rules on fairness in dismissal for relationship breakdown

Apr 16, 2024 | lexology.com | William Azuh

A recent ruling by the Employment Appeal Tribunal (the EAT) in the case of Matthews v. CGI IT UK Ltd highlights a rare exception to the idea that an employer must carry out all the usual procedures for a dismissal to be fair. It demonstrated that in certain exceptional circumstances, an employer may fairly terminate an employee’s contract without issuing a formal written warning or providing a right to appeal.
Unpacking the 2024 family-friendly legislation

Jan 10, 2024 | lexology.com | Michelle Lamb |William Azuh

New family-friendly legislation is set to come into force this year. There will be changes to flexible working, carer’s leave, maternity, adoption and shared parental leave. The new laws are explained below. Flexible Working (Amendment) Regulations 2023From 6 April 2024, the right to request flexible working will be granted to employees from their first day of service. This contrasts with the current requirement for 26 weeks’ continuous employment before an employee can make such a request.
Bonus clawback - a restraint of trade?

Oct 31, 2023 | lexology.com | William Azuh

The High Court recently considered whether a bonus clawback provision in an employment contract amounted to an unreasonable restraint of trade, so making it unenforceable. In this instance, the employer could require repayment if the employee gave or received notice to terminate his employment within three months of the payment of a bonus. In Steel v. Spencer Road LLP (t/a The Omerta Group) [2023], Mr Steel received a bonus in January 2022 under a discretionary scheme.
Plastic Omnium Automotive Limited v. P Horton

Aug 3, 2023 | lexology.com | William Azuh

In Plastic Omnium Automotive Limited v. Mr P Horton [2023] EAT 85, the Employment Appeal Tribunal (EAT) decided that the Employment Tribunal (ET) erred in not first considering who the parties to an agreement were before turning to the issue of whether the relevant company was a client or customer of the individual's business. This case is of particular importance because it clarifies the fundamental factors in determining the employment status of a worker.
Limiting losses in the Employment Tribunal: what employers need to know | JD Supra

May 15, 2023 | jdsupra.com | William Azuh

May 15, 2023 To embed, copy and paste the code into your website or blog: The Employment Tribunal (ET) can in some circumstances reduce the compensation they award to a successful Claimant. For example, this can occur where an employer is able to show that the claimant would have been fairly dismissed in any event.
How much should employees share online about their professional lives?

Mar 1, 2023 | peoplemanagement.co.uk | William Azuh

‘Day in the life’ videos on social media platforms such as TikTok have been growing in popularity. They can positively impact an employee's personal brand, attract a diverse pool of talent to employers and provide positive public relations for businesses. In other situations, however, they present tangible risks to employees – and their employers – who overshare about their job online.