Weekly issue 42

News in brief

The Government recently announced a review into whether more working parents should be able to benefit from flexible working, as a new survey showed increasing demand.

Implying dismissal

The statutory dismissal and disciplinary procedures state that employers have to tell their employees in writing in advance of a disciplinary hearing that they may be dismissed. In Homeserve v Dixon, the Employment Appeal Tribunal (EAT) said that employers do not have to spell out the risk of dismissal explicitly.

Restrictive character

Restrictive covenants are only enforceable if they protect the legitimate business interests of the employer. In Beckett Investment Management Group Ltd and ors v Hall and ors (2007, IRLR 793; IDS 835), the Court of Appeal said that they should be judged on the basis of the objectives they are trying to achieve.