Contracts of employment
In Soteriou v Ultrachem Ltd and others [2004] IRLR 870 HC, the High Court held that the EAT had not erred in striking out the applicant's claim for wrongful dismissal on the basis that an employment tribunal had already determined on a claim for unfair dismissal that the applicant's contract of employment was unenforceable due to illegality and that, since the claim for wrongful dismissal involved the same contract, the EAT was bound by that finding.
In Tesco Stores Ltd v Pook the High Court holds that that a secret receipt of payment through fraudulent invoices by a senior employee, as a bribe from a company doing business with his employer, gave rise to a conflict of interest and was tantamount to a secret commission.
In Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others, the House of Lords holds that, in cases where psychiatric injury is alleged to have been caused by acts of the employer committed prior to, and separately from the act of dismissal itself, a cause of action will exist at common law for damages.
In V v Addey & Stanhope School, the Court of Appeal holds that the extent of the employee's illegal and criminal conduct was such that it prevented him from pursuing a race discrimination claim.
In South Tyneside Metropolitan Borough Council v Graham, the EAT holds that a "local agreement", for the purposes of the National Joint Council for Local Government Employees' collective bargaining agreement, should be construed as meaning either an agreement by all the locally recognised trade unions, or an agreement that has been determined by a process agreed by all the recognised unions.
In Harper v Virgin Net Ltd the Court of Appeal holds under s.97(2) of the Employment Rights Act 1996, where an employee is summarily dismissed, that employee's effective date of termination ("EDT") is only extended to the end of the statutory notice period to which he or she would have been entitled, and not to the end of their contractual notice period.
In Crossley v Faithful & Gould Holdings Ltd the Court of Appeal holds that there is no implied contractual obligation for an employer to take reasonable care for its employees' economic wellbeing.
In Whitely v Marton Electrical Ltd [2003] IRLR 197 EAT, the Employment Appeal Tribunal held that the dismissal of a modern apprentice before the completion of his training was a breach of contract.
In Martin and others v South Bank University [2004] IRLR 74 ECJ, the European Court of Justice held that early retirement benefits should be paid for by a new employer after a transfer of undertakings.
In Fraser v Stolt Offshore Ltd [2003] All ER (D) 185 (Apr) EAT, the Employment Appeal Tribunal held that an employer can issue a warning to a fixed-term employee that will be valid for a longer period than the fixed-term contract. The warning will carry over into the next contract and the employee does not have to be notified of this when he accepts the next contract.
Employment law cases: HR and legal information and guidance relating to contracts of employment.