What are the different types of restrictive covenants in an employment contract?
The standard types of restrictions which can be used by employers are:
• non-competition covenants - restrictions on the former employee working in similar employment for a competitor;
• non-solicitation covenants – which prevent poaching of clients/customers/suppliers of the former employer.
Restrictive covenants tend to be in most employment law contracts in one form or another and every business has information that it will consider both essential and invaluable to its operation and success. It then makes it essential that restricting the use of this information by its employees after their employment has ended vital to the protection of the business or customer contacts.
Discrimination for something arising out of or as a consequence of a disability? Section 15 of the Equality Act 2018. Discrimination arising out of a disability is this something difficult to prove or establish?
This is the question I put to expert employment law barrister Nick Singer.
Discrimination for something arising out of or as a consequence of a disability? Do you need to have a comparator in cases like these? This is the question I put to expert employment law barrister Nick Singer.
Hello, discrimination arising out of a disability, can unfavourable treatment be justified? That's the question I put your expert barrister that Nick Singer.
The Equality Act 2010 makes it illegal to treat an employee unfavourably for something arising out of a disability.
Discrimination arising from disability: What are examples of discrimination arising from a disability?
Discrimination arising from or as a consequence of a disability is a concept which often catches employers out at an employment tribunal and below is a few examples:
Discrimination arising out of a disability is where an employer treats their employee unfavourably because of something arising in consequence of that employee’s disability and the employer cannot show that the treatment is a proportionate means of achieving a legitimate aim. In other words, the employer must demonstrate that the measures taken were "reasonably necessary" in order to achieve its aims – which could be a business need or health and safety reason.
The Equality Act 2010 places an active duty on employers to make reasonable adjustments to accommodate the needs of disabled employees. This duty arises at any time before and during their the employment relationship, when the individual is put at a substantial disadvantage in comparison with individuals who are not disabled.
Employers are under a duty to make reasonable adjustments to the recruitment process in specific circumstances, to eliminate the disadvantages to a disabled job applicant.