MSHB

We welcomed a decision issued by Lady Wolffe in the Outer House of the Court of Session this week, regarding the enforcement of post-termination non-compete restrictions in a contract of employment.

With many businesses hard-hit by the pandemic, getting paid on time and protecting your cashflow has never been more important.

The Supreme Court has handed down its judgement in Royal Mencap Society v Tomlinson-Blake & Shannon v Rampersad and another (T/A Clifton House Residential Home) [2021] UKSC 8, known as the “Mencap case”, which concerned how employers should be paying workers whose work includes a proportion of time sleeping during their shift.

Through our relationships with other people, we often make promises. You may promise to do something, or you may promise not to do something (you may even promise yourself you’re going to get fit once gyms re-open…!). But what does the law have to say about all of this: are promises legally enforceable? If you break a promise to yourself and find that you are firmly parked on the sofa rather than the gym, the only repercussion will be an expanding waistline. But what if you make a serious promise to a friend or relative – would that be legally enforceable if you renege on it?