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- Type:
- Employment law cases
In Upton-Hansen Architects Ltd v Gyftaki, the Employment Appeal Tribunal upheld the tribunal decision that the employee's suspension was in breach of the implied term of trust and confidence. The employee was constructively dismissed and, in the absence of a potentially fair reason, the dismissal was unfair.
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- Type:
- Employment law cases
In The Harpur Trust v Brazel, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks.
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- Type:
- Employment law cases
In Okedina v Chikale, the Court of Appeal held that a worker's former employer could not block her contractual claims by arguing that she was working without the required immigration status.
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- Type:
- FAQs
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- Type:
- Employment law cases
In Tillman v Egon Zehnder Ltd, the Supreme Court allowed the appeal and held that a six-month non-compete clause was enforceable because the unenforceable part of the clause was capable of being severed.
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- Type:
- Contract clauses
A model contract clause for use where external contractors do work for your organisation that may result in intellectual property rights being created.
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- Type:
- Contract clauses
A model contract clause for use where an employee wishes to retain ownership of an invention or other intellectual property that they have made prior to commencing work for the organisation.
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- Type:
- Employment law cases
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
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- Type:
- Employment law cases
In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
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- Date:
- 28 March 2019
- Type:
- Commentary and insights
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.