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Showing 165 results for Contracts
Deduction from Wages Unlawful if Repayment Provision Unenforceable
Deduction from Wages Unlawful if Repayment Provision Unenforceable A deduction from wages authorised by the employment contract will not be lawful if the contractual repayment provision is unenforceab...
When is a Whistleblowing Disclosure in the Public Interest?
When is a Whistleblowing Disclosure in the Public Interest? The Court of Appeal has given its judgment in the case of Chesterton Global Limited v Nurmohamed on the question of whether a whistleblowing...
Settlement agreement did not discharge employee from non-compete obligations in shareholders’ agreement
...contracts, strictly there is no difference in approach. The cases should be seen as falling on a spectrum (ranging from business sale agreements at one end to ordinary employees with a small share as ...
Injunction forcing employee to remain employed without pay upheld by Court of Appeal
Injunction forcing employee to remain employed without pay upheld by Court of Appeal The Court of Appeal has upheld a High Court decision to grant an injunction to an employer, the effect of which wa...
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement An employer has had to pay an employee over £42,000 in Statutory Maternity Pay, even though it had already paid her £60,000 under ...
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits The EAT implied a term into an employee’s employment contract which prevented the employer dismissing...
Employer Entitled to Choose Between Pay Increase Options
Employer Entitled to Choose Between Pay Increase Options An employer which agreed two options for a pay increase with a union was entitled to award the lower of the two. In Anderson v London Fire &am...
Taxpayer Entitled to Tax Relief on Clawed Back Bonus
Taxpayer Entitled to Tax Relief on Clawed Back Bonus A taxpayer who repaid part of a signing on bonus under a contractual claw back provision was entitled to reclaim the tax paid on the clawed back bo...
EAT Guidance on TUPE Service Provision Change Exception
EAT Guidance on TUPE Service Provision Change Exception The EAT has given guidance to tribunals considering an exception to the TUPE service provision change (SPC) rules. In Swanbridge Hire & Sale...
Whistleblowing: disclosures made in defence of poor performance could still be in the public interest
Whistleblowing: disclosures made in defence of poor performance could still be in the public interest An employment tribunal had applied the public interest test incorrectly when ruling an employee wh...
UK Must Protect Against Dismissal on Grounds of Political Beliefs
UK Must Protect Against Dismissal on Grounds of Political Beliefs The European Court of Human Rights (ECHR) has ruled that UK law is incompatible with the European Convention on Human Rights as it doe...
Successful appeal meant no dismissal
Successful appeal meant no dismissal If an employee exercises a contractual right of appeal and the appeal is upheld, the dismissal has no effect and so the employee cannot claim unfair dismissal.&nbs...
Bankers Contractually Entitled to Bonus Payments
Bankers Contractually Entitled to Bonus Payments An employer was contractually bound to pay bonuses to employees from a guaranteed bonus pool announced at a staff meeting. In Dresdner Kleinwort Ltd an...
LLP Members Qualify for Worker Rights
LLP Members Qualify for Worker Rights The Supreme Court has ruled that LLP members can be workers, meaning that they qualify for a range of worker rights and protections. In Bates van Winkelhof v Cly...
Court Refuses Barring Order to Prevent Breaches of Confidentiality
...contracts to protect an employer’s interests and that confidentiality obligations are tightly drafted.
Changing Terms after TUPE Transfer
...contracts. The client informed the contractors that when those contracts terminated, it would be awarding a single contract for the provisions of both services and would be looking for cost savings ...
Taxing compensation payments
Taxing compensation payments In Norman v Yellow Pages Sales Ltd, the Court of Appeal has confirmed that there is no implied duty on an employer to treat a termination payment in a tax efficient manner...
Employers may have to protect a disabled employee’s pay
Employers may have to protect a disabled employee’s pay It may be a reasonable adjustment for an employer to employ a disabled employee in a more junior role on their existing rate of pay on an indefi...
TUPE: Pension guarantee enforceable against new owner 20 years later
TUPE: Pension guarantee enforceable against new owner 20 years later In Whitney v Monster Worldwide Ltd, the Court of Appeal has confirmed that an assurance given by an employer about his pension ent...
TUPE: No Service Provision Change if Client Changes Too
TUPE: No Service Provision Change if Client Changes Too The EAT has held that there will only be a service provision change under TUPE if the services are provided to the same client before and after...