Welcome
Welcome to the Employment Law
Update for the UK.
In this edition we look
at recent developments involving breach of fiduciary
duty, restrictive covenants and 'springboard'
injunctions and redundancy.
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.
Breach of Fiduciary Duty
Non-employee may be
liable for assisting in the breach
In Bank of Ireland v Jaffery
and Gill the High Court considered a case where a senior employee of the
bank had promoted loans and given references for bank customers in relation to
projects in which he had a personal interest.
Restrictive Covenants and 'Springboard' Injunctions
How far can ex-employees
be prevented from competing?
In CEF Holdings and others v
Munday and others the High Court considered the case of a company’s
business which had been damaged by two senior employees who left the company in
order to set up a competing business and encouraged a large number of junior
employees to join them.
Redundancy
Selection criteria may be
'subjective' but process must be fair
For a redundancy dismissal to be
fair, an employer must be able to show a fair selection process. In the recent
case of Mitchells of Lancaster (Brewers) Ltd v Tattersall, the EAT
considered claim of an employee who alleged unfair dismissal on the ground that
his selection for redundancy was based solely on the views of the board of
directors.
