Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination

The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated the point at which her condition amounted to a disability.

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Home or away? Exclusive jurisdiction clause relevant to automatic unfair dismissal claim

In another case about a tribunal's ability to hear claims brought by those working outside Great Britain, the Scottish EAT decision in Hexagon Sociedad Anonima v Hepburn found that a clause in an employee's contract giving exclusive jurisdiction to the Scottish Courts and Tribunals was relevant to whether the tribunal could hear his whistleblowing claim.

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Reality check – covenants in shareholder agreement enforceable

The Court of Appeal decided that a restrictive covenant in a shareholder agreement was enforceable, even though it could theoretically have prevented a former consultant from competing with the company indefinitely (Guest Services Worldwide Ltd v Shelmerdine).

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