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24 June 2022
Issue: 7984 / Categories: Legal News , Employment , Covid-19
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NLJ this week: Restraint of trade, fear of Covid & meaning of ‘employee’

85482
In this week’s NLJ, employment barrister Ian Smith investigates a trio of unusual cases, including on the issue of when a court can directly enforce a valid restraint of trade clause against an ex-employee, (and what about their need to earn a living?)

Smith also covers the difference between an ‘employee’ in tax and an ‘employee’ in employment law, and whether an employee dismissed for their fear of coronavirus is protected under health and safety dismissal laws.

This third case is the first reported appellate decision on the issue. Smith writes: ‘There has been much speculation whether an employee dismissed for leaving work or, more particularly, refusing to come back to work, because of fears of contracting coronavirus could claim automatically unfair dismissal under the health and safety provisions of s 100(1)(d)–(e) of the Employment Rights Act 1996.’

Issue: 7984 / Categories: Legal News , Employment , Covid-19
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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