Contracts of employment

New and updated

• Type:

  Employment law cases

  Constructive dismissal: unilateral change to job description among breaches that entitled claimant to resign

  The industrial tribunal in Northern Ireland has awarded over £40,000 for unfair dismissal to an employee who resigned after his employer breached his contract of employment on numerous occasions.

• Type:

  Employment law cases

  Case round-up

  Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.

• Date:

  24 November 2010

  Type:

  Employment law cases

  Fixed-term employees: Tribunal erred in considering objective justification before less favourable treatment

  In Manchester College v Cocliff EAT/0035/10, the EAT held that an employment tribunal erred when it decided that there had been less favourable treatment on grounds of fixed-term status because it had found that any difference in terms was not objectively justifiable. Tribunals should first consider whether or not any less favourable treatment is on grounds of fixed-term status. Only if the answer is yes should they move on to consider the defence of objective justification.

• Type:

  Contract clauses

  Job title and duties contract clause

  A model contract clause setting out terms relating to job duties.

• Type:

  Employment law cases

  Case of the week: Constructive dismissal following a TUPE transfer

  This week's case of the week, provided by Thomas Eggar LLP, covers constructive dismissal following a TUPE transfer.

• Type:

  Employment law cases

  University researcher on three successive fixed-term contracts declared permanent employee

  An employment tribunal has found that an individual employed on three consecutive fixed-term contracts over almost a decade is a permanent employee, in a case that has significance for employers in sectors that regularly employ staff for a fixed term, such as teaching, IT and construction.

• Type:

  FAQs

  Can a fixed-term contract be terminated before the end of the term if the post is redundant?

• Type:

  Employment law cases

  Mechanic unfairly dismissed on the spot contrary to Acas code

  The employment tribunal in this case increased the amount of compensation awarded to an unfairly dismissed employee because of his employer's failure to provide a written statement of terms and conditions of employment or to dismiss him in accordance with the Acas code of practice on disciplinary and grievance procedures.

• Date:

  28 July 2010

  Type:

  Employment law cases

  Breach of contract: Failure to report potential fraud to parent company was fundamental breach

  In Dunn and anor v AAH Ltd [2010] EWCA Civ 183 CA, the Court of Appeal held that an employee was guilty of gross misconduct in failing to report a serious financial risk faced by his employer to its parent company. His contract expressly required such a report to be made, and it was not sufficient that he had reported all relevant matters to his line manager.

• Type:

  FAQs

  How long can an employee be expected to "act up" to a more senior position before the arrangement becomes a permanent promotion?