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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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