Contracts of employment
In Lansing Linde Ltd v Kerr the Court of Appeal holds that the High Court was entitled to refuse an employer's application for an interim injunction restraining a former employee from working for a competitor in breach of a restrictive covenant.
The High Court's decision in Micklefield v SAC Technology Ltd illustrates how employees' rights under employee share option schemes can be affected by the termination of their employment.
Where an employee is wrongfully dismissed, any outstanding contractual obligations of the injured employee are extinguished upon the ending of the employment contract, holds the High Court in Briggs v Oates.
The doctrine of frustration should be severely limited in its scope when applied to employment contracts says the EAT in Williams v Watsons Luxury Coaches Ltd.
In United Bank Ltd v Akhtar, the EAT holds that it was necessary for certain terms to be implied into a contract of employment in order for the employee to be in a position to comply with a relocation clause.
An employee who is not ready and willing to perform all of his duties under his contract of employment is not entitled to be paid at all rules the Court of Appeal in Wiluszynski v London Borough of Tower Hamlets.
In Provident Financial Group plc and Whitegates Estate Agency Ltd v Hayward the Court of Appeal upholds a judge's refusal to grant an injunction to restrain the group's former finance director from joining a competitor before his notice period had expired.
In Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348 CA, the Court of Appeal held that if a contract contains an unusual or onerous term of which the other party is likely to be unaware, then the party trying to enforce that term must show that reasonable steps have been taken to bring that term to the notice of the other party.
In Union Traffic Ltd v Transport and General Workers' Union and others, the Court of Appeal holds that, in certain circumstances, the mere presence of pickets can constitute an inducement of those seeking to cross the picket line to break their contracts of employment and so be unlawful.
In MacPherson v London Borough of Lambeth [1988] IRLR 470 HC, the High Court held that the refusal of the employees to operate new equipment was in breach of their contracts and the employees were not entitled to an interlocutory order directing the council to pay arrears of salary.
Employment law cases: HR and legal information and guidance relating to contracts of employment.