Welcome
Welcome to the Employment Law Update for the UK.
In this edition we look at recent developments involving restrictive covenants, negligent mis-statements, time limits, the Protection from Harassment Act 1997, and victimisation. Please click on the title to view any article.
As always, please do not hesitate to contact any member of the Employment Group if you have any queries on the issues covered in the Update or any other matters.
Recent cases
Restrictive covenants
Preventing competition by a former Managing Director
In Landmark Brickwork v Sutcliffe, Parkhouse and another the High Court considered to what extent the law can protect a claimant company where it is alleged that a former Managing Director has breached express post-termination restrictive covenants contained in his employment contract and misused company confidential information in helping to establish a competing business.
Negligent mis-statement
Claim based on 'slapdash' email
In McKie v Swindon College the claimant had worked for the respondent college until 2002. He received a good reference when he left. In 2008, he started work at Bath University. His new job involved contact with his old workplace. The new HR Director at Swindon College, relying on information given to him by others, sent a damaging email about him to his new employer, suggesting that he had problems with students and other staff. On the evidence, these statements were completely unjustified. However, unsurprisingly, on the basis of that email he was dismissed by his new employer before he had become eligible to claim unfair dismissal.
Time limits
Delay while awaiting outcome of internal appeal
Unfair dismissal claims must be filed with the employment tribunal within three months of dismissal, unless it is not 'reasonably practicable' for the claimant to do so. This time limit is strictly applied. The mere fact that there is a pending internal appeal against the dismissal is not, of itself, sufficient to allow the claimant to file his/her claim out of time.
Protection from harassment act 1997 ("the 1997 act")
'Course of conduct'
In Marinello v City of Edinburgh Council the Scottish Court of Session considered a case where an employee had experienced a number of incidents of verbal bullying in the workplace in 2004 and 2005 following which he commenced, and remained on, long-term sick leave with a depressive disorder. In an isolated incident in 2007, while he was walking along a public road, two of his colleagues driving by in a van swerved the van towards him, sounded the horn and gesticulated at him.
