How do I dismiss a particular employee fairly?
This depends on the circumstances of the case but typically involves providing a fair reason for the dismissal and following a fair procedure.
In what circumstances can an employment tribunal order one of the parties to pay the legal costs of the other party?
The costs regime is different to that of the civil courts (in which the losing party pays the winning party’s costs). Employment tribunals can make awards for costs where a party, or his or her representative, has acted "vexatiously, abusively, disruptively, or otherwise unreasonably" or if the claim is "misconceived".
Are restrictive covenants enforceable?
As a matter of public policy, the general rule is that restrictive covenants are unenforceable as being in restraint of trade. However, such covenants may be enforceable if they are designed to protect a legitimate business interest, such as customer and client relationships or confidential information; are no wider than reasonably necessary to protect that interest; and are not contrary to the public interest.
Do I have to provide a former employee with a reference?
No, there’s no obligation for an employer to provide a reference providing the reasons for doing so are not discriminatory. If a reference is given, it must be true and accurate.