A recent Court of Appeal judgment is a helpful reminder of the applicable legal tests in securing an interim springboard injunction. It also identifies several practical factors that may influence the granting of discretionary remedies in the context of a team move and reminds employers facing an injunction application of the risk that the 'truth will out' if they (or their new recruits) present misleading evidence to the court.
The final form of Brexit remains uncertain, as does its impact on European works councils governed by UK law. As such, employers with European works councils currently governed by the United Kingdom's European works council legislation are strongly advised to conditionally appoint a new representative agent in a state that will remain in the European Union.
The Court of Appeal recently upheld an Employment Appeal Tribunal decision that Asda's lower-paid, predominately female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff. While the facts are specific to Asda, any employer with different groups of predominantly male or female workers should review its pay practices, regardless of whether these groups work at the same site.
The government recently published a consultation paper extending protection from redundancy for pregnant women, women who have returned to work after maternity leave and new parents. The paper seeks views on whether protection should be extended throughout pregnancy and for a period after a woman returns to work and whether this should also apply to parents who have taken other types of leave.
In 2018 sickness absences cost UK employers an average of £656 per employee. With employers likely to experience the highest levels of sickness absence between January and March, those looking to tackle short-term intermittent sickness absence may want to consider (among other things) offering flexible working options and duvet days while limiting the amount of annual leave employees take in the summer.