Last Straw Doctrine for Constructive Dismissal

Sometimes, employment tribunals have to decide if there is a serious enough repudiatory breach of an employment contract entitling an employee to resign and claim constructive dismissal. This is often referred to as the “last straw” doctrine. In fact, the...

Should A Disciplinary Procedure Be Contractual?

The answer to the question is that it is a matter of choice for an employer but one which should always be exercised carefully after weighing up the various pros and cons. If an employer makes a disciplinary procedure contractual, it should be able to require...

Monitoring Employees

Employers have historically monitored employees’ hours by using traditional methods such as timesheets, but with working from home increasing during the pandemic, we ask: Is it legal for an employer to use apps and IT software and what considerations are necessary?...

Restrictive Covenants for Lawyers

Can a non-competition restrictive covenant in a service agreement prevent a solicitor from joining a competitor? Yes, held the High Court in the case of Law By Design Ltd v Ali. The Claimant began employment at Law By Design in 2013. In 2016 she became a shareholder...