Welcome to the April edition of the Employment Up to Date. Read on for a roundup of the latest news and developments in relation to employment and immigration.

Supreme Court rules on "Wrotham Park" damages for breach of restrictive covenants

The Supreme Court has overturned a Court of Appeal decision which had allowed the award of "Wrotham Park" damages for breaches of non-competition and non-solicitation restrictive covenants (Morris Garner and anor v One Step (Support) Ltd).

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Supreme Court rules on when notice to terminate the employment contract is effective 

In the case of Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood, the timing of notice was relevant to whether or not the employee would qualify for a non-actuarially reduced early retirement pension.

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Shared parental leave: new EAT decisions consider whether a failure to match shared parental pay with enhanced maternity pay is discriminatory 

Two recent EAT decisions provide employers with further guidance on the question of whether enhancing maternity pay for women but not shared parental pay for men is discriminatory.

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Redundancy consultation: when is it necessary to consider "bumping"?

A new decision suggests that, although not mandatory, employers should be careful to consider 'bumping' when making employees redundant to avoid giving rise to unfair dismissal claims. In Mirab V Mentor Graphics (UK) Ltd, the Employment Appeal Tribunal ruled that although employers are under no obligation to discuss bumping during the redundancy selection process, failure to do so may give rise to a successful claim of unfair dismissal if the Employment Tribunal considers it to be within the range of reasonable responses.

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Disability discrimination: the doors of perception

The recent EAT decision in Chief Constable of Norfolk v Coffey removes uncertainty regarding whether perceived disability discrimination complaints qualify for protection but sets the bar high for claimants by emphasising the importance of the statutory disability test.

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Settlement agreements: time for some Spring cleaning?

Two recent developments trigger the need for in-house employment lawyers to review and refresh their precedent Settlement Agreements.

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Turning the tables – the EHRC publishes recommendations on sexual harassment 

In the wake of recent sexual harassment scandals and #MeToo, the EHRC has published its findings on a survey of those affected by sexual harassment in the workplace.

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Changes to the taxation of termination payments: our comprehensive guide and top 10 tips 

The tax regime in respect of payments paid in connection with the termination of employment (sections 401 and 403 Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003)) was amended on 6 April 2018.  Here we unveil our comprehensive guide for employers and give you our top 10 tips for navigating the new regime.

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Enterprise Management Initiatives (EMI): potential withdrawal of tax relief 

Our Incentives team consider the news that tax reliefs for EMI options granted on or after 7 April 2018 may be withdrawn due to the failure to renew EU state aid approval of EMI.

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