Employment Law Aberdeen News

Latest blog entries from Employment Law Aberdeen

Case Studies: Unlawful Deduction of Wages

Case One : Mr Jones works as an assistant to a Managing Director in an advertising firm. Due to the nature of his employment, he frequently has to stay late in order to finish or prepare work for the following day. In Mr Jones’ contract of employment, it states that once he has worked more than 40 hours in a week, he is entitled to be paid overtime – however, he has never been paid overtime. His employer refuses to pay Mr Jones the additional pay that he is entitled to. Mr Jones has submitted a formal grievance to his employer but still he is not being paid the money due to him. Provided that Mr Jones adheres to the time limit of three months for bringing a claim, Mr Jones can bring his case to the employment tribunal. In his claim he could ask to be paid all outstanding overtime owed to him.

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Consultation to Find "loopholes" in Zero-Hour Contract Law

A consultation has been launched this week to investigate the best way of proceeding to eradicate the problem of exclusivity clauses in zero hour contracts.

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Strict Interpretation of Restrictive Covenants Prohibiting Competition

In the recent case of Prophet v Huggett [2014] EWCA Civ 1013, the Court of Appeal in England & Wales made it clear that it would not read in words to ensure the efficacy of a non-competition restrictive covenant, where the language of the provision is ‘truly ambiguous’ and ‘admits clear alternatives as to the sense the parties intended to achieve’.

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