Contracts of employment
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
In Bank of Credit and Commerce International SA (in liquidation) v Ali and others (No.3), the Court of Appeal holds that, where a claimant alleges that stigma resulting from his or her previous employment affected his or her employment prospects, it was for him or her to prove that the stigma had a real or substantial effect on his or her obtaining employment.
In Albion Automotive Ltd v Walker and others, the Court of Appeal upholds an employment tribunal's decision that an employer who made enhanced redundancy payments according to an agreed policy for a number of years created a custom and practice from which the tribunal could infer that the employer and/or its successors intended to be contractually bound to make those payments.
An employee on long-term sick leave who failed to maintain communication with his employer regarding his continued absence, and who had not provided continuous medical certificates, was lawfully dismissed so as to terminate any entitlement to benefits under the employer's permanent health insurance scheme, the Court of Appeal holds in Briscoe v Lubrizol Ltd.
In Soteriou v Ultrachem, Solvo Ltd and Ultracolour Ltd, the EAT upholds an employment tribunal's decision that an employee's knowing and active participation in the deception of the tax authorities as to his employment status was primarily for his own benefit.
This week's case roundup from Eversheds, covering company car policy and sex discrimination.
In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.
In Lovett v Wigan Metropolitan Borough Council [2001] EWCA Civ 12 CA, the Court of Appeal held that a clause that had been incorporated into an employee's written statement of employment particulars did not form part of his contract of employment because he had not agreed to it.
The EAT holds in Hilton v Shiner Ltd that an employment tribunal had erred in holding, without giving reasons, that there was no fundamental change in an employee's contract in circumstances where the employee had been demoted from a position which included serving customers and the handling of money to one in which he was not allowed to do either.
In Chequepoint (UK) Ltd v Radwan, the Court of Appeal upholds an employment tribunal's award of damages to a dismissed employee in respect of unpaid bonuses.
Employment law cases: HR and legal information and guidance relating to contracts of employment.