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Showing 165 results for Contracts
Employee Bound by Restrictive Covenants in Unsigned Contract
...contracts are always signed and returned by employees. The employer was fortunate in this case as it was able to point to the fact that L had done something which was only referable to his acceptance...
Employment Tribunal Gives Clarification on Agency Workers' "Pay Between Assignments Contracts"
...contracts had been entered into before the assignment under that contract. Those who had signed the contracts before 1 December had entered into the contracts on the date of signature and H had accep...
Footballers’ Pay Offs Taxable as Termination Payments
...contracts were taxable as termination payments, not earnings. Speedread Payments made to footballers on the early termination of their fixed term contracts were taxable as termination payments. The...
Resigning Employee Held to Contract Without Pay
Resigning Employee Held to Contract Without Pay An employer who refused to accept an employee’s resignation in breach of contract has been granted an injunction requiring the employee to observe the ...
Employee Lost Right to Claim Constructive Dismissal by Giving Too Much Notice
Employee Lost Right to Claim Constructive Dismissal by Giving Too Much Notice An employee who gave longer notice than contractually required could not claim constructive dismissal. Giving longer noti...
Start Date Not Brought Forward By Attending Client Meeting
Start Date Not Brought Forward By Attending Client Meeting An employee’s start date was not brought forward by virtue of her having attended a client meeting at the employer’s request before the date ...
Employee TUPE Transferred Despite Instruction to Remove Him From Contract
Employee TUPE Transferred Despite Instruction to Remove Him From Contract A client’s instruction to remove an employee from a contract did not have the effect of reassigning the employee away from th...
Covenants Unenforceable as Managers’ Contracts Contained No Restrictions
...Contracts Contained No Restrictions The High Court has held that a failure to include restrictive covenants in employees’ managers’ contracts put the enforceability of the employees' own covenants at ...
Token Sum for Holiday Pay on Termination Not Allowed
Token Sum for Holiday Pay on Termination Not Allowed An employment tribunal has ruled that employment contracts cannot provide for a token payment to be paid to an employee in respect of untaken holid...
Employer Not Liable for Discriminatory Term in Permanent Health Insurance Policy
...contracts stated that the benefit was subject to acceptance by the insurer and that Xerox was only liable to make payment to the employee if it had been paid by the insurer. In addition, Xerox was n...
LLP Member Could Bring Whistleblowing Detriment Claim
LLP Member Could Bring Whistleblowing Detriment Claim An LLP member was a worker within the Employment Rights Act 1996 ("ERA") and could therefore bring a claim that she had been subjected to a detri...
Employer liable to pay income protection payments not covered by insurance policy
Employer liable to pay income protection payments not covered by insurance policy Long term sickness benefits and insurance The Court of Appeal has ruled that an employer was liable to top up an empl...
No Collective Redundancy Consultation Obligations on Expiry of Fixed-term Contracts
...Contracts Collective redundancy consultation obligations were not triggered when fixed-term contracts expired. In University of Stirling v University and College Union, the EAT had to consider ...
12 Month Non-Compete Clause Enforceable
...contracts where the employer tends to have the upper hand in negotiations. C had received a substantial sum of money for the goodwill in his client base when he joined Merlin and Merlin was entitled ...
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect The High Court has held that employers are entitled to rely on the last straw doctrine to dismiss an employee with immediate ...
Confidential Information: Two wrongs don’t make a right
Confidential Information: Two wrongs don’t make a right In Brandeaux Advisers (UK) Ltd and others v Chadwick, the High Court found that Ms Chadwick was in repudiatory breach of contract when she sen...
Fiduciary Duties: Accounting for secret profits
...contracts should contain a clause requiring employees to disclose outside interests. This will assist in demonstrating that there is a potential conflict and that the duty to account for any sec...
Dismissal – The date of dismissal when there is a PILON involved
Dismissal – The date of dismissal when there is a PILON involved In Société Générale v Geys, the Court of Appeal has found that an employee’s contract of employment terminates on the date that the pay...
Employee Entitled to PILON Despite Prior Gross Misconduct
...contracts denying an employee the right to receive a PILON if they are subsequently discovered to have committed an act of gross misconduct.
Drafting Error in Non-Compete Clause Corrected by High Court
...contracts always need to be drafted carefully. They should be no wider than is necessary to protect the employer’s goodwill, trade connection, trade secrets or other confidential information and shoul...