In this week’s MMD we have updates on a wide range of regulatory and employment matters.  We have several important legal updates, a few events and a personal plea.

Daniel has prepared a video on restrictions and the enforceability of non-compete restrictions.

In the news we have updates on employee status and constructive dismissal while the guest contribution this week is from our Commercial Department who have prepared an article on Intellectual Property Rights.

We still have places at our next seminar on the 24 May details of which are listed below.

Finally, we end with a personal request on the 14 May 2023, Sam Pawson, Head of Employment, will be taking part with a team of runners from Chadwick Lawrence, in the Rob Burrow Leeds Marathon. If anyone would like to sponsor him, his sponsorship details can be found below.

The Media Hub

Keeping Covenants Valid

This update focuses on a recent case law decision involving a lengthy non-compete restriction in an employment contract. The update discussed the Court’s ability to remove unenforceable elements of a clause to keep the remainder valid and binding.

To watch the video, please click here.

There have been lots of relevant employment law/HR updates this week.

Trade union officer was not an employee

Mr Embry was employed by the London Fire Brigade in 1997 and remains employed by the organisation to this day. He was an active member of the Fire Brigades Union and in 2008 was elected regional officer for London. Later that year the London Fire Brigade released Embry from day-to-day firefighting so that he could devote himself full-time to the Fire Brigades Union. One of the provisions within the agreement was that the LBU would continue to pay his salary which would then be reimbursed by the FBU. In 2019, Embry attended a pro-Brexit rally in a personal capacity. This amounted to a disciplinary process and he was later dismissed as it was determined that he had breached the union’s rules. Embry brought tribunal proceedings for unfair dismissal and religion or belief discrimination against the Fire Brigades Union. The employment tribunal found that Embry was an employee of the union because his salary was covered by them rather than the London Fire Brigade and agreed he had been unfairly dismissed. However, the union appealed this decision and stated that he was not an employee of the union. The EAT allowed this appeal and threw out the original judgment as his employment contract with the London Fire Brigade was still in place and no second contract was superimposed on the first.

https://www.gov.uk/employment-tribunal-decisions/mr-p-embery-v-fire-brigades-union-2203219-slash-2019

Head of family law constructively dismissed over bonus

The Claimant, the head of family law at a law firm, was not paid her bonus of 33% of the net billing above her target for the year. The expected bonus payment amounted to £7,035.75. The Claimant said that the non-payment of this bonus was a breach of contract, however the firm said that such bonus was discretionary and therefore had no contractual obligation to pay. The Claimant later resigned and stated that this was due to the bonus structure change without consultation; the failure to make her a director as promised upon obtaining the relevant qualification, breach of trust and confidence; and criticism in an email also addressed to the firm’s IT consultant. The Claimant brought subsequent employment tribunal proceedings for constructive dismissal. The employment tribunal upheld her claim and said that even though the bonus clause said it was non-contractual, this only entitled the firm to alter or revoke the bonus without notice in advance of each quarter. The Tribunal confirmed that the bonus had been offered as part of the ‘improved package’ to retain the Claimant when she was planning to leave, and said it was not the role of the tribunal to assist the firm in escaping a bad bargain.

https://www.gov.uk/employment-tribunal-decisions/mrs-s-lightfoot-webber-v-lawcommercial-trading-ltd-t-slash-a-lawcomm-solicitors-and-lawcommercial-services-ltd-1402947-slash-2022

Events and Seminars

Seminar in Conjunction with Hays Recruitment

Pregnancy and Maternity discrimination in the Workplace – 24 May 2023 – 8:30am – Wakefield Office

 This seminar will be held in conjunction with Hays recruitment and will focus on maternity discrimination in the workplace. Pregnancy and Maternity is one of nine protected characteristics covered under Section 4 Equality Act 2010. Pregnancy and Maternity discrimination is prohibited under section 18 of the Equality Act 2010. In this seminar we will be paying attention to when discriminatory situations may arise and how to successfully manage these.

We will also discuss requirements in respect to KIT days and risk assessments for employees on and returning from maternity leave.

To register your interest in this event, please email employmenthub@chadlaw.co.uk

Leeds Marathon Charity Fundraising

On the 14^th of May 2023, Sam Pawson, Head of the Employment Team will be aiming to complete the Rob Burrow Leeds Marathon. As well as raising money for MNDA on behalf of Rob Burrow, he will also be raising money for two other charities that mean a lot to him personally, Dementia UK and the Barts Charity.

He has set up a JustGiving page which gives some more information into the charities and he would appreciate any donations where possible.

https://www.justgiving.com/team/samcharity

Mental Health Awareness Sessions

In partnership with Mental Health First Aid, we are providing the opportunity to attend one of the mental health training sessions listed below. The sessions are delivered by accredited MHFA England Instructor Members and will help you gain a better understanding of mental health in a range of areas.  Please find the relevant information relating to the sessions attached to this email and let us know if you wish to attend.

 MHFA England Adult Courses

1. 27/28th June 2023
2. 26/27th September 2023
3. 28/29th November 2023

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

1. 29th September 2023

Stress and Resilience Course – Cme Accredited

1. 29th June 2023
2. 30th November 2023

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor

 Focus On – COCO

This week, Nick and Kyrran from our Corporate and Commercial department have provided an article on intellectual property rights and registration. Please find this article below.

IPRs