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Showing 165 results for Contracts
Contractual change not void under TUPE
...contracts. The employees claimed that the variation was void on the basis that the reason for the contractual change was the TUPE transfer or a reason connected with it. They brought anot...
Employee entitled to long-term disability benefits until he could return to the same job
...contracts and handbooks are clear so as to avoid misunderstandings and disputes about benefit entitlements. Where the scheme is insurance-backed, they should also ensure that their documents accuratel...
Injunction preventing employer pursuing disciplinary proceedings in parallel with a police investigation overturned
Injunction preventing employer pursuing disciplinary proceedings in parallel with a police investigation overturned The Court of Appeal has ruled that an employer was entitled to conduct its own disci...
Changing terms of unionised workforces
...contracts if they could not reach agreement. Unlawful inducement claims 57 employees brought employment tribunal claims, arguing that each letter was an unlawful inducement as its sole or ma...
Dismissal: When does notice start?
Dismissal: When does notice start? In Wang v University of Keele, the EAT has confirmed that, unless an employment contract provides otherwise, contractual notice will run from the day after the noti...
Resignation Effective When Letter Opened, Not When Read by Intended Recipient
Resignation Effective When Letter Opened, Not When Read by Intended Recipient Where an employee resigned with immediate effect by letter to her employer, the termination took effect on the date the le...
Employers can be Vicariously Liable for Non-Employees
Employers can be Vicariously Liable for Non-Employees A Diocese has been found to be vicariously liable for the tortious acts of a priest even though he was not their employee. In JGE v The Trustees ...
Employer Not Entitled to Award Lower of Two Pay Increases
...contracts and ensuring that provisions are not ambiguous. It is likely that the intention of the parties in this case was that the employees should be entitled to the higher increase. Either way, th...
Do Not Assume Dismissal for Gross Misconduct is Always Fair
Do Not Assume Dismissal for Gross Misconduct is Always Fair Dismissal of an employee for gross misconduct after a reasonable investigation does not necessarily fall within the band of reasonable resp...
Re-engagement Order Defeats Employer’s Attempt to Harmonise Terms and Conditions
...contracts containing the revised terms. The claimants then brought unfair dismissal claims which were upheld by the employment tribunal. The tribunal found that they had been dismissed for refusing...
Uber drivers are workers, Employment Appeal Tribunal confirms
Uber drivers are workers, Employment Appeal Tribunal confirms The Employment Appeal Tribunal has upheld last year’s employment tribunal ruling that Uber drivers are workers, not self-employed contract...
Acas Code Applied to Dismissal for Some Other Substantial Reason
Acas Code Applied to Dismissal for Some Other Substantial Reason The Acas Code of Practice on Disciplinary Procedures applied to a dismissal for some other substantial reason where disciplinary procee...
Failure to Allow Grievance Appeal to Different Manager May Give Grounds for Constructive Dismissal
Failure to Allow Grievance Appeal to Different Manager May Give Grounds for Constructive Dismissal The EAT has held that an employer’s failure to stick to its grievance procedure can amount to a brea...
Confusion Caused by Employer Results in Claim Being Out of Time
Confusion Caused by Employer Results in Claim Being Out of Time An employee’s employment terminated when she informed her employer that she had no alternative but to resign. The fact that the employe...
No obligation to provide weekly rest break after six consecutive working days
No obligation to provide weekly rest break after six consecutive working days Speedread The Working Time Directive (WTD) should not be interpreted as requiring a weekly rest period of 24 hours to be ...
Change in Work Location was Substantial Change to Employees’ Material Detriment
Change in Work Location was Substantial Change to Employees’ Material Detriment A relocation of six miles because of a TUPE transfer was a substantial change in bus drivers’ working conditions to thei...
Transferring Employees Unable to Sue Transferee for Pre-Transfer Information Failures
...contracts and awarded them to two new contractors, one of which was Morrisons. A number of employees who had transferred brought a claim against Morrisons for a breach of its obligation to provide inf...
Employer did not Breach Duty of Care by Instigating Disciplinary Proceedings
Employer did not Breach Duty of Care by Instigating Disciplinary Proceedings An employer did not breach its duty of care when it brought disciplinary proceedings against an employee. In Coventry Un...
Holiday Pay Must Include Overtime but Limit Imposed on How Far Back Claims Can Go
Holiday Pay Must Include Overtime but Limit Imposed on How Far Back Claims Can Go The EAT has ruled that employers must include overtime pay when calculating holiday pay under the Working Time Regulat...
Non-solicitation Covenant Covering All Customers Upheld as Reasonable
Non-solicitation Covenant Covering All Customers Upheld as Reasonable A non-solicitation covenant prohibiting an employee from approaching anyone who was a customer at any time during his employment ...