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08 August 2019 / Ian Smith
Issue: 7852 / Categories: Features , Employment
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Employment law brief: 8 August 2019

Ian Smith gets serious before the publishing break with a fundamental review of the law
  • The Supreme Court in Tillman v Egon Zehnder Ltd [2019] UKSC 32 has reformulated the law on severance of unreasonable elements in clauses.

Unusually for this column (or, as a Dean of my old Law School used to refer to it, ‘Smith’s monthly rant’) this month it concentrates on just one case because it is of such importance and interest in revisiting an area (whether an invalid element in a restraint of trade clause in a contract of employment can be severed and the rest enforced) which has been untouched by the highest courts for decades. In doing so, the judgment overturns a 99-year-old leading authority with which we were all brought up. The case seems to be pro-employer in its result (relaxed rules on severance) but arguably the position is more nuanced than that. Moreover, not surprisingly given the fundamental nature of the rethink of the law here, there are aspects which will no

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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