Fox Whitfield remains able to help both employees and employers with queries about Covid 19.
We have been assisting employees with settlement agreements and redundancy advice, and providing employers with furlough agreements and other help with staffing issues.
We have a nationwide client base whom we have been advising remotely for years. Covid 19 restrictions are no impediment to providing swift, affordable advice tailored to your situation. Please get in touch.
Sarah Russell of Fox Whitfield can help.
Are you exiting BT under the Early Leaver Scheme? Sarah has helped numerous BT employees.
Whether you are leaving genuinely voluntarily, or feel that you have been backed into a corner where taking redundancy is the only real option, Sarah can assist. She knows the BT settlement agreement well and knows which clauses they are likely to be prepared to negotiate on and which they are not. She provides prompt, practical advice.
Please contact Sarah on 07985 106 233 or sarahr@foxwhitfield.com.
From 30 December 2018 our new postal address will be:
Unit 10 Wealden Forest Park
Herne Common
Herne Bay
Kent
CT6 7QL
We will still operate in Manchester and will still have access to meeting rooms in our current Didsbury address but all post should be sent to our new address in Kent.
Sarah Russell (http://www.foxwhitfield.com/team/sarah-russell/) has today been on the BBC News and BBC World talking about the gender pay gap.
Several large companies have recently released their gender pay information, ahead of the compulsory deadline for the public and private sector in April. Easyjet, Ladbrokes and Phase 8 all showed significant gender pay disparities. Many companies attributed the difference to the fact that they have more men at a senior level, and more women in less senior, customer service-type roles.
In Sarah’s experience the situation is considerably more complex, with women at senior levels typically being paid less than male colleagues. Women actually now out-earn men on average in their twenties, but unfortunately the gap develops in a woman’s late 30s. It is often connected to maternity, part-time worker and/or age discrimination.
If you have concerns about these issues, please contact Sarah by email or mobile for a free, no obligation discussion.
In June of 2016 the High Court gave a decision that has many employment lawyers and employers scratching their heads.
Fox Whitfield was acting for two employees who were seeking a High Court declaration that restrictive covenants in their contract were not enforceable.
One of their arguments was that the contracts were given to them after they had been working for some time and at that time no pay rise or other benefits were provided to them. I t was generally accepted law that “Post-termination restrictions introduced after an employee has started work were generally thought to be enforceable only where the employee is given a tangible benefit (e.g. a pay rise) in return”.
However, in this case the High Court decided that was not necessary as simply continuing to employee the employees and introducing them to new clients was deemed to be enough.
There has been much comment on this case:
“The principles set out in Pro Cam are likely to be challenged (and the decision may yet be appealed).” I agree it will be challenged but this case is not going to be appealed. There are clear grounds to appeal but commercially it wasn’t deemed worthwhile.
http://tinyurl.com/paagkzo
http://tinyurl.com/pvwqp88
The full decision can be read here: http://www.bailii.org/ew/cases/EWHC/QB/2016/1304.html
What, if anything, this case shows is that it is very hard to accurately predict what restrictive covenants may be deemed to be enforceable by the High Court and which may not. This uncertainty is unhelpful for both employers and employees. These cases are hugely fact and detail sensitive and anyone thinking about introducing them to employees, or enforcing them to trying to escape from them should take proper legal advice as early in that process as they possibly can.
Paul Whitfield acted for James Pickwell and Molly Nichols in this case.
Paul Whitfield is the Principal Solicitor at Fox Whitfield.
Fox Whitfield can advise HR, employers and employees on disciplinary processes, procedures and unfair dismissal claims. We can also arrange meetings in the evenings or at weekends to work around your working hours.
www.foxwhitfield.com
0161 283 1276
Employment Law Solicitors – Head Office in Manchester with offices located throughout the United Kingdom.