Prior to joining Lewis Silkin, I worked for a trade association for the recruitment industry, gaining good employment law experience and specialist knowledge of areas such as agency workers.
I assist the employment team with tasks such as drafting contracts, taking witness statements, managing disclosure exercises and legal research. I frequently get involved with big litigation cases and am currently assisting with the defence of a large claim for sex and race discrimination.
I regularly review recruitment contracts and have a deep understanding of the regulation affecting the recruitment industry.
Following a trial in the High Court where an employer was awarded final injunctions to prohibit a former employee from breaching post-termination restrictions, the losing employee was ordered to pay 90% of his former employer's legal bill. This is a useful decision for employers, as it demonstrates that a reasonable and proportionate email trawl need not infringe an employee's privacy rights.
The government recently called for evidence on non-compete clauses and their impact on innovation in the United Kingdom, in response to suggestions that non-compete clauses can hinder start-ups and prevent them from hiring the best talent. The call for evidence asked businesses and individuals to provide feedback on whether these provisions are acting as a barrier to innovation.
In Hills v Niksun Inc the Court of Appeal confirmed that when allocating commission, employers must exercise their discretion rationally and in accordance with the terms of the relevant contractual documentation. This case shows how the impact of the Braganza ruling – which held that when considering the exercise of power by a party to a contract, the contractual decision maker must take relevant matters into account – is still filtering through the courts.
The government has published the official response to its recent consultation on reforming the regulatory framework for the recruitment sector. The government recognises the important contribution that the flexible labour market makes to the economy and is keen to simplify regulation, while acknowledging that individuals using recruitment services are often vulnerable and require appropriate protection.