Contracts of employment
An employee who was summarily and wrongfully dismissed 12 days before his 55th birthday, albeit with 12 weeks' pay in lieu of notice, was in principle entitled to claim damages made up of the amount that he would have been paid but for the employer's repudiatory breach of his contract of employment, holds the Court of Appeal in Silvey v Pendragon plc.
There is no common law contractual remedy for financial or other loss allegedly flowing from the manner or circumstances of an employee's dismissal, holds the House of Lords in Johnson v Unisys Ltd.
The suspension of a care worker in a children's home by her local authority employer, pending the outcome of an investigation into an allegation of child sexual abuse, amounted to a breach of the implied term of trust and confidence in her contract of employment, holds the Court of Appeal in Gogay v Hertfordshire County Council.
A provision of a contract of employment preventing the employee from working for any other business during the term of the contract could be enforced by an injunction limited to restraining the employee, during the remainder of a period of garden leave, from being employed by or advising a competitor of the employer, holds the Court of Appeal in Symbian Ltd v Christensen.
A contractual discretion whether or not to award an equity trader any, and if so what, bonus, which was "dependent upon individual performance", was one that had to be exercised both by reference to an assessment of performance of the trader's contract and not irrationally or perversely, holds the High Court in Clark v Nomura International plc.
In Wincanton Ltd v Cranny and another, the Court of Appeal holds that a non-solicitation covenant was, owing to its internal limitations, not too wide as to be unenforceable.
An employee was not barred from claiming compensation under the Sex Discrimination Act by reason of the fact that her contract of employment was allegedly tainted by illegality, holds the Court of Appeal in Hall v Woolston Hall Leisure Ltd.
In Clark v Fahrenheit 451 (Communications) Ltd EAT/591/99, the Employment Appeal Tribunal held that, where a contract contains no express notice clause and it is implied that it can be terminated by giving a reasonable period of notice, what is a reasonable period of notice is a question of mixed fact and law and depends on the circumstances.
Section 3 of the Unfair Contract Terms Act 1977, which applies as between contracting parties where one "deals as consumer" to prevent the other from excluding or restricting any liability of his or hers for breach of contract, extends to contracts of employment, holds the High Court in Brigden v American Express Bank Ltd.
A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.
Employment law cases: HR and legal information and guidance relating to contracts of employment.