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Intimidating claimants with costs orders may be at an end.

Intimidating claimants with costs orders may be at an end.

by Michele Fensom | Feb 16, 2026 | Employment Law

A claimant made allegations of unfair dismissal, discrimination, and detriment resulting from whistleblowing. While his claim against the Council was subsequently withdrawn early on, the claim against the private limited company proceeded.The respondent, however,...
Payments made into employee benefit trusts constitute taxable income

Payments made into employee benefit trusts constitute taxable income

by Michele Fensom | Feb 4, 2026 | Employment Law

A Tribunal recently ruled that payments made for work into a third-party trust constitute immediate employment earnings. This decision effectively precludes employers from using loan-based structures to obfuscate remuneration.Mr. Jack was employed by an offshore...
Take care when labelling a bonus as discretionary in a contract

Take care when labelling a bonus as discretionary in a contract

by Michele Fensom | Jan 22, 2026 | Employment Law

The High Court recently ruled on the interpretation and enforceability of “discretionary” bonus provisions in employment contracts. Mr. Gagliardi brought a breach of employment contract claim against a former hedge fund which had contracted him as a senior...
Suing whistleblowers for a breach of confidence is not a viable strategy

Suing whistleblowers for a breach of confidence is not a viable strategy

by Michele Fensom | Jan 7, 2026 | Employment Law

The Court of Appeal has ruled that the initiation of legal or arbitral proceedings by an employer against a ‘whistleblower’ who has made a protected disclosure constitutes an actionable detriment under the Employment Rights Act (ERA) 1996, effectively overriding the...
Employers may now be personally liable for unfair dismissal claims

Employers may now be personally liable for unfair dismissal claims

by Michele Fensom | Dec 16, 2025 | Employment Law

A recent ruling has increased the scope of statutory protection for whistleblowers to include covered detriments against co-workers under the Employment Rights Act 1996. A Mr. Rice was dismissed by his company owner on the grounds of redundancy in February 2021. Mr....
When disciplinary processes and non-compete clauses implode

When disciplinary processes and non-compete clauses implode

by Michele Fensom | Dec 2, 2025 | Employment Law

Many modern companies insist on the inclusion of restrictive covenants to limit the freedoms of employees upon the termination of their contracts. However, the High Court recently reinforced the stringent legal principles governing the enforceability of such...
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