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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’

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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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