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Contracts of employment

New and updated

  • Date:
    14 September 2007
    Type:
    Employment law cases

    Continuity of employment: Casual worker's continuity not broken by holiday

    In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

  • Date:
    4 September 2007
    Type:
    Employment law cases

    Variation of contract terms: The variation of a car allowance scheme should have been accompanied by transitional protection

    In Wetherill & Ors v Birmingham City Council [2007] EWCA Civ 599 the Court of Appeal held that a local authority was entitled to vary a car allowance scheme unilaterally, but was in breach of contract by failing to provide adequate transitional protection for affected employees.

  • Date:
    8 August 2007
    Type:
    Employment law cases

    Contracts of employment: Notice rights on expiry of probationary period

    In Przybylska v Modus Telecom Ltd EAT/0566/06 the Employment Appeal Tribunal held that a tribunal was wrong to imply into a contract a term that the employer could carry out a review of the probationary period within a reasonable time of the expiry of the probationary period.

  • Date:
    19 July 2007
    Type:
    Employment law cases

    Morrish v NTL Group Ltd

    In Morrish v NTL Group Ltd [2007] CSIH 56 CS, the Court of Session has held that a pay in lieu of notice clause could not be implied into a contract of employment.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    TUPE: Share transfers

    In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.

  • Type:
    Employment law cases

    Case of the week: Post-termination restraint clauses

    This week's case of the week, provided by Allen & Overy, covers post-termination restraint clauses.

  • Type:
    Employment law cases

    Case of the week: Banking on the bonus doesn't pay

    This week's case of the week, provided by Addleshaw Goddard, covers discretionary bonuses.

  • Date:
    3 April 2007
    Type:
    Employment law cases

    Contracts of employment: Enhanced redundancy payment provision in staff handbook had contractual effect

    In Keeley v Fosroc International Ltd [2006] IRLR 961, the Court of Appeal held that a provision for enhanced redundancy payments set out in a staff handbook that was incorporated into the employment contract constituted an express term of the individual contract of employment, thus conferring a contractual right to the payment.

  • Type:
    Employment law cases

    Case of the week: Restrictive covenants

    This week's case of the week, provided by Lovells, covers restrictive covenants.

  • Date:
    26 February 2007
    Type:
    Employment law cases

    Fixed-term contracts: Reinstatement after appeal does not extend fixed-term contract beyond original expiry date

    In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.

About this topic

HR and legal information and guidance relating to contracts of employment.