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Showing 165 results for Contracts
Recent Cases
The importance of adapting contracts for overseas employees
...contracts for overseas employees The fact that the employment contract of an overseas employee states that it is governed by UK law is a factor that an employment cannot ignore when considering whethe...
Recent Cases
Employment Status: Dentist was not a Worker
Employment Status: Dentist was not a Worker In Community Dental Centres Ltd v Sultan-Darmon the EAT found that the unfettered right of substitution (i.e. that if Dr Sultan-Darman could not work, he c...
Recent Cases
Self-dismissal by failure to respond
Self-dismissal by failure to respond Under normal circumstances, where employers decide to dismiss an employee, the decision and the reasons for the decision are communicated to the employee. However,...
Recent Cases
Historic Misconduct Justified Dismissal Despite Employer Looking for Reason to Dismiss
Historic Misconduct Justified Dismissal Despite Employer Looking for Reason to Dismiss An employer was entitled to summarily dismiss an employee when it discovered that he had forwarded a pornograph...
Recent Cases
No Transfer of Directors' Employment under TUPE on Loss of Company’s Sole Contract
No Transfer of Directors' Employment under TUPE on Loss of Company’s Sole Contract Directors of a charity providing services to a single client did not transfer under TUPE when it lost the contract an...
Recent Cases
Intention to Compete is not Gross Misconduct
Intention to Compete is not Gross Misconduct An employment tribunal had been wrong to find dismissals fair where employees were dismissed for planning to set up in competition and using company resour...
Recent Cases
Disagreement Over Pay and Terms: No Breach of Trust and Confidence
Disagreement Over Pay and Terms: No Breach of Trust and Confidence An employer who dismissed an employee as a result of a disagreement over the terms of his contract could not rely on some other subst...
Recent Cases
Sick employees’ right to carry over untaken holiday only applies to Working Time Directive leave
Sick employees’ right to carry over untaken holiday only applies to Working Time Directive leave An employer’s obligation to allow sick workers to carry over untaken holiday only applies to the four w...
Recent Cases
Employer Not Obliged to Pay for Untaken Flexi-hours on Termination
Employer Not Obliged to Pay for Untaken Flexi-hours on Termination A tribunal should not have implied a term into a dismissed employee’s employment contract that he was entitled to be paid for unused ...
Recent Cases
Dismissal for raising frivolous and vexatious grievances was fair
Dismissal for raising frivolous and vexatious grievances was fair Dealing with vexatious grievances An employer dismissed an employee fairly when it dismissed him for repeatedly raising grievances wh...
Recent Cases
Expectation that Employee Work Long Hours Engaged Reasonable Adjustments Duty
Expectation that Employee Work Long Hours Engaged Reasonable Adjustments Duty An expectation that a disabled employee work long hours is a “provision, criterion or practice” (PCP) meaning that the e...
Recent Cases
Paying Pro-rated Holiday Pay to Zero-Hours Workers is Lawful
Paying Pro-rated Holiday Pay to Zero-Hours Workers is Lawful The ECJ has ruled that an employer was entitled to calculate holiday pay for workers employed on zero-hours contracts on a pro rata basis b...
Recent Cases
Employee Breached Implied Duty of Fidelity by Organising Team Move
...contracts can still gain protection against competition from employees during employment through the duty of fidelity. That duty is implied into all employment contracts. However, it is important to...
Recent Cases
Contractual Documentation Helped to Show Service Provision Change
...contracts and how the activities are described when TUPE is a factor.
Recent Cases
Contracts: Frustrating contracts!
Contracts: Frustrating contracts! In Atwal and others v Rochester, Mr Rochester was a builder. He entered into a contract with Mr and Mrs Atwal in July 2006 to provide building services. He started w...
Recent Cases
PHI: Holiday is not payable for those who agree to PHI
PHI: Holiday is not payable for those who agree to PHI In Souter v Royal College of Nursing Scotland, the ET found that Ms Souter, who had received an income under a permanent health insurance (PHI) s...
Recent Cases
Sacked because of Facebook
Sacked because of Facebook In Preece v JD Wetherspoons plc, an ET decided that Ms Preece, a pub manager, was fairly dismissed for gross misconduct having made inappropriate comments on Facebook about...
Recent Cases
TUPE Applies to Sales by Administrators
...contracts do not transfer on a sale of the assets. ‘Non-terminal’ proceedings are those where the primary aim is the rescue of the business. In such cases, employees will transfer but there is greater...
Recent Cases
Bankers Entitled to Share of EUR400m Bonus Pool
Bankers Entitled to Share of EUR400m Bonus Pool An employer’s announcement to employees of a guaranteed minimum bonus pool of EUR400 million, to be allocated on a discretionary basis according to ind...
Recent Cases
Wide Non-Solicitation Covenant Enforced
Wide Non-Solicitation Covenant Enforced A non-solicitation covenant has been found to be reasonable, even though it was not limited to customers the employee had dealt with directly during a specifie...