In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.
In Keeley v Fosroc International Ltd [2006] IRLR 961, the Court of Appeal held that a provision for enhanced redundancy payments set out in a staff handbook that was incorporated into the employment contract constituted an express term of the individual contract of employment, thus conferring a contractual right to the payment.
In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.
In Helmet Integrated Systems Ltd v Tunnard and others [2007] IRLR 126 CA, the Court of Appeal has held that it was not a breach of contract or any fiduciary duties when an employee failed to inform his employer that he was taking preparatory steps to develop a product that was intended, following his resignation, to be marketed in competition with the employer.
In Fraser v HLMAD Ltd [2006] IRLR 687 CA, the Court of Appeal holds that claimants who bring claims for wrongful dismissal in the employment tribunal, where a statutory limit on damages of £25,000 applies, cannot recover losses in excess of this limit in the High Court.
In Adeneler and others v Ellinikos Organismos Galaktos [2006] IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.
A round-up of developments in the implied duty of confidentiality and express contractual terms on confidential information and restraints on competition.