Employment law cases

All items: Contracts of employment

  • Breach of contract: Bank's wrongdoing constituted breach of trust and confidence term

    Date:
    15 September 1999

    In Bank of Credit and Commerce International SA (in compulsory liquidation) v Ali and others (No.3), the High Court holds that BCCI's dishonest conduct was sufficiently serious to amount to a breach by the bank of the implied term of mutual trust and confidence in the contracts of employment of all its former employees.

  • Breach of contract: Employer was liable to make payment in lieu of notice without deduction for mitigation

    Date:
    15 September 1999

    A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley.

  • Contracts of employment: Maximum 48-hour week is a statutorily implied term in all employment contracts

    Date:
    1 April 1999

    In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.

  • Wrongful dismissal: Compensation for loss of chance to claim unfair dismissal

    Date:
    15 February 1999

    Damages for wrongful dismissal may in principle include damages in respect of an employee's loss of the opportunity to bring an unfair dismissal complaint, holds the EAT in Raspin v United News Shops Ltd.

  • Contracts of employment: Changing terms of relocation loan destroyed mutual trust and confidence

    Date:
    15 January 1999

    In French v Barclays Bank plc, the Court of Appeal holds that a detrimental change in the terms on which a bridging loan was made to an employee who had been requested to relocate was a breach of the implied term of his contract of employment that the employer would not act so as to destroy the trust and confidence existing as between the employer and him.

  • Contracts of employment: Employer was entitled to make long-term sick employee redundant

    Date:
    15 January 1999

    In Hill v General Accident Fire and Life Assurance Corporation plc, the Outer House of the Court of Session holds that there was no breach of the implied duty of mutual trust and confidence when an employer made an employee redundant while he was in receipt of contractual sick pay and had a prospective contractual entitlement to long-term sickness benefit.

  • Midland Bank plc v McCann

    Date:
    31 December 1998

    In Midland Bank plc v McCann (1998) IDS 623 EAT, the Employment Appeal Tribunal held that with regard to a discretionary bonus the employer had not exercised its discretion in such a way that it could be said to be in breach of the implied term of mutual trust and confidence.

  • Contracts of employment: Provisions of sickness absence code not contractually binding

    Date:
    15 July 1998

    In London Borough of Wandsworth v D'Silva and another, the Court of Appeal holds that provisions of a code of practice on sickness absence which an employer was seeking to amend unilaterally were not contractually binding on that employer.

  • Contracts of employment: No implied right to send senior dealer on garden leave

    Date:
    1 July 1998

    In the absence of an express contractual term entitling a bookmaker to send the senior dealer in its spread-betting business on garden leave, it was under an obligation to allow him to perform the duties of the post to which it had appointed him in accordance with his contract both during his notice period and before he gave in his notice, holds the Court of Appeal in William Hill Organisation Ltd v Tucker.

  • Contracts of employment: Employee entitled to notice pay despite working for competitor

    Date:
    15 June 1998

    An employee's contract of employment continued after an exchange of letters between the employee, giving one month's notice of termination, and her employer, confirming that it did not want her to work out her notice period and that her salary would be paid in lieu at the end of the notice period, holds the Court of Appeal in Hutchings v Coinseed Ltd.

About this category

Employment law cases: HR and legal information and guidance relating to contracts of employment.