header-logo header-logo

Employment law brief: 24 July 2014

24 July 2014 / Ian Smith
Issue: 7616 / Categories: Features , Employment
printer mail-detail
employment_smith_0_0

Ian Smith considers the latest employment law developments

In a month which saw newsworthy employment law innovations on the legislative front relating to the extension of flexible working requests to any employee with six months’ service (not just those caring for the young) and planned moves to ban exclusivity clauses in nil-hours contracts, the case law selected here reflects a rather standard issue in employment law, namely the interaction between the major statutory rights and their common law bases. They cover the law on penalty clauses in employment contracts, affirmation of contract by the employee in the face of employer repudiation, how final warnings operate when there has been a lapse in the timing and finally how the common law defence of illegality applies where the allegation is one of harassment.

Penalty clause or liquidated damage clause?

In Li v First Marine Solutions Ltd UKEAT/0045/13, a question arose as to whether a clause in the departing employee’s contract constituted an enforceable liquidated damages clause or an unenforceable penalty clause. The matter

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll