Which employment cases will have the biggest impact on HR in 2019? We assess the likely impact on employers of upcoming cases on: the national minimum wage, shared parental leave, holiday pay, restrictive covenants, collective bargaining, covert CCTV, and employment status.
Updated to reflect that the Court of Appeal dismissed the appeal in Uber BV and others v Aslam and others on 19 December 2018.
Special guest Patrick Brodie talks about using restrictive covenants to protect your business effectively.
In Tillman v Egon Zehnder, the Court of Appeal held that a six-month non-compete clause that prevented the employee from being "concerned or interested in any business carried on in competition" after termination of employment was unenforceable as it would bar her from being a shareholder in a competing business.
Updated to include information on Tillman v Egon Zehnder Ltd, in which the Court of Appeal considered the enforceability of a post-termination restraint clause.
The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.
In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another  IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.
In DLA Piper's latest case report, the High Court awarded damages of £30,000 and gave an injunction to a company after a former employee breached restrictive covenants by using a combination of customer contact details and information from purchase logs acquired during his employment to poach customers.
The High Court has held that an employer's email to its clients advising that a named employee had been dismissed for gross misconduct was not defamatory. The employer had a defence to libel because the statement was substantially true.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to restrictive covenants.