UK Employment Flash

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared parental leave, new government fines that have been imposed for data breaches and a European Court of Justice requirement that employers set up a system to record employees' actual working time.

Clarifying the ‘Blue Pencil’ Test for Noncompete Clauses

In an employer-friendly decision, the Supreme Court of the United Kingdom has clarified the use of the “blue pencil” test to sever an unenforceable element from a post-termination noncompete clause.

As a matter of public policy, the English courts enforce a post-termination restrictive covenant against an employee only if it goes no further (assessed at the time that the covenant is entered into) in terms of scope, duration and connection to the employee than is absolutely necessary to protect