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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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