NON-SOLICITATION CLAUSES
Read Kathleen Donnelly’s (Henderson Chambers, London), article on the case of Baldwin v Maidstone. On 3 June 2011 the High Court handed down a judgment which addresses the construction of non-solicitation clauses where contact is initiated by a former client.
CORPORATE LIABILITY FOR CONTEMPT
Read Kathleen Donnelly’s (Henderson Chambers, London), article on the Corporate Liability case of Back Office Ltd v Percival & Ors 2013. The Court held that the liability of a company for the acts of its servants or agents in breach of an order or undertaking given by the company is strict: it is not necessary to establish that the company failed to take reasonable steps to prevent breach. The case is a welcome clarification of the test for corporate contempt.
SELF EMPLOYMENT
The question of whether a worker is an employee or self employed is a difficult one.
Read Kathleen Donnelly’s (Henderson Chambers, London), article on the employment case of Westwood v The Hospital Medical Group, Court of Appeal 2012. The decision is likely to be of interest to businesses and public sector organisations which engage self-employed people as part of their business model, and may now find themselves exposed to potentially costly claims.
LIABILITY OF COMPANY DIRECTORS FOR DISCRIMINATION
Read Kathleen Donnelly’s (Henderson Chambers, London), article on the case of Bungay and Paul v Chandel and others, Employment Appeal Tribunal (EAT) 2011. The Tribunal held that two company directors were jointly and severally liable for damages related to the discriminatory dismissal of two employees.