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Showing 165 results for Contracts
End of the road for Uber: Supreme Court rules Uber drivers are workers
End of the road for Uber: Supreme Court rules Uber drivers are workers The Supreme Court has rejected Uber’s argument that its drivers are self-employed. It upheld the employment tribunal’s decision t...
No Damages for Breach of Contractual Disciplinary Procedure
No Damages for Breach of Contractual Disciplinary Procedure Employees cannot claim damages for breach of a contractual disciplinary procedure which results in their dismissal. Compensation for the unf...
Replacing Employees with Franchisees Can be an “ETO Reason”
...contracts, the meter readers who had been working on those contracts transferred to MU. MU offered them the opportunity to set up individual companies to operate under its franchise arrangement and wh...
No Service Provision Change Where Employees “Happened” to Work on Contract
No Service Provision Change Where Employees “Happened” to Work on Contract Employees who happened to work on a particular contract because of the shift they worked were not an "organised grouping of ...
EAT Rules on Scope of TUPE Exception
...contracts to transport school children to other schools after it was discovered that their own school had been built over a mineshaft. Before the contracts expired, Liddell’s tendered to provide a si...
No Service Provision Change Where Employee Only Worked on One Contract
No Service Provision Change Where Employee Only Worked on One Contract An employee who spent all of his time working on a contract for a particular client was not an organised grouping of employees an...
Termination by Payment in Lieu of Notice: When Does the Contract Terminate?
...contracts is therefore more important than ever.
Illegal Worker Unable to Bring Race Discrimination Claim
Illegal Worker Unable to Bring Race Discrimination Claim An employee who was working illegally in the UK was barred from bringing a race discrimination claim. In Hounga v Allen, H worked as a live-in...
Employer’s Covenant Drafting Error Could Not be Corrected By Court
...contracts always need to be drafted carefully and addressed specifically to the employer’s business interrests. They should be no wider than is necessary to protect the employer’s goodwill, trade conn...
No Compensation under TUPE where Bonus Wrongly Described as Non-contractual
No Compensation under TUPE where Bonus Wrongly Described as Non-contractual An outgoing service provider was not in breach of its obligation to provide employee liability information when it wrongly s...
Lower termination payments for fixed-term employees not unlawful
...contracts was unlawful under the Fixed-Term Employees Regulations 2002. It rejected an argument that the difference in treatment was justified because the fixed-term employees had no expectation...
Inability to Control Length of Contract Meant TUPE Exception did not Apply
Inability to Control Length of Contract Meant TUPE Exception did not Apply A client’s “hope and wish” that a task will be short-term is not sufficient for it to fall within the exception in TUPE for ...
Enforcing post-termination restrictions in unsigned contracts
...contracts Although there is no legal requirement for employment contracts to be signed (as acceptance of the terms can be achieved verbally or inferred from conduct), most employers take a prudent app...
Constructive dismissal: affirmation does not affect employee’s right to rely on employer’s previous conduct
Constructive dismissal: affirmation does not affect employee’s right to rely on employer’s previous conduct An employee who “soldiers on”, even though his employer’s actions cumulatively amount to a b...
Absence of Umbrella Contract Relevant to Employment Status
Absence of Umbrella Contract Relevant to Employment Status When deciding whether someone employed on an assignment by assignment basis has the necessary employment status to bring a discrimination cla...
No Implied Term that Employee Receiving PHI Benefits Could Not be Dismissed
No Implied Term that Employee Receiving PHI Benefits Could Not be Dismissed An employee who was dismissed on ill-health grounds whilst in receipt of PHI benefits could not claim damages for lost PHI b...
“Self-employed” worker entitled to 13 years’ holiday pay
“Self-employed” worker entitled to 13 years’ holiday pay Speedread The European Court of Justice has ruled that a worker should receive holiday pay going back 13 years after his employer refuse...
Buyers and incoming service providers beware! Share scheme rights arising outside of the employment contract may transfer under TUPE
...contracts to confer various benefits. What does this mean for your business? Even where (as is usually the case) rights to participate in a share scheme are dealt with outside the employment contrac...
T&Cs: Written terms which are inconsistent with the real terms may be disregarded
...contracts did not reflect the reality of the work arrangement between the valets and Autoclenz. They found that in practice the valets were required to attend work every day and do the work provided ...
Importance of Marking Settlement Offers “Subject to Contract”
Importance of Marking Settlement Offers “Subject to Contract” Failure to mark a settlement offer as “subject to contract” meant that a binding agreement had been reached when the offer was accepted. ...