July 2018 Newsletter – Manufacturing & Engineering sector

It’s July and if you’ve still got energy after all the hot weather, then we’ve got more HR/employment news for you. We can’t promise to match the drama of the World Cup, Wimbledon or best of all the Tour de France, but we can update you on the latest guidance from the solicitors’ regulatory body on using non-disclosure agreements or clauses and ACAS guidance on overtime and suspension.

In our case update we bring news on the latest EAT decisions.  These include when to include compulsory and voluntary overtime in your holiday pay calculations, the importance of offering an appeal when dismissing for lack of evidence of right to work and, finally, the importance of being proportionate when taking disciplinary action for absence connected to an employee’s disability.

 

What we’ve been doing in the Manufacturing & Engineering sector recently…

We have been advising a number of companies and employees (particularly in the aerospace sector) who have contracts with the MOD. We have noticed a trend whereby the MOD are reducing both the number of contracts and the size of those contracts.   One of the consequences is that one way to grow or sustain your business against that backdrop is to take a team (and the work) from a rival company.  This brings into question the strength and enforceability of restrictive covenants. You should be checking now what restrictions you have in place with your key employees and teams, are they fit for purpose? Are they sufficiently focussed and have they been reviewed recently?  If they are too broad in their scope they are likely to be unenforceable and any employment lawyer worth their salt will be telling your employees that. Don’t make it too easy for them is our advice, we have decades of expertise in this area, give us a call.

Simon Martin
Partner

Email or call 0117 325 0929