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- Date:
- 11 February 2005
- Type:
- Employment law cases
In Webley v Department for Work and Pensions, the Court of Appeal holds that an employer's practice of refusing to renew fixed-term employment contracts once 51 weeks of service had elapsed was not unlawful under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
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- Type:
- Letters and forms
A model letter to record an employee's agreement to change one or more of the terms in their contract of employment.
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- Date:
- 31 December 2004
- Type:
- Employment law cases
In Candler v ICL Systems Services IDS Brief 562 EAT, the Employment Appeal Tribunal held that, although scheduled telephone standby duties could be terminated by giving four weeks' notice, the only power to vary them was the general power to vary, which required 26 weeks' notice.
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- Date:
- 24 December 2004
- Type:
- Employment law cases
In Coutts & Co plc v Cure; Royal Bank of Scotland v Fraser, the EAT holds that, in a case where an employer refused to pay a non-contractual bonus to all non-permanent employees, including some fixed-term workers, the tribunal did not err in law by holding that the reason for the less favourable treatment was on the ground of the employees' status as fixed-term workers.
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- Date:
- 1 December 2004
- Type:
- Employment law cases
In Horkulak v Cantor Fitzgerald International [2004] IRLR 942 CA, the Court of Appeal held that, even where the employment contract states that payment of a bonus is discretionary, the employer is under an implied duty to exercise that discretion genuinely and rationally, and a wrongfully dismissed employee could recover damages that reflect the bonus payments that he could have expected to receive had he remained in employment.
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- Date:
- 26 November 2004
- Type:
- Employment law cases
In Allen v National Australia Group Europe Ltd, the EAT holds that the tribunal was wrong to decline jurisdiction to hear a claim under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
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- Date:
- 1 November 2004
- Type:
- Employment law cases
In Soteriou v Ultrachem Ltd and others [2004] IRLR 870 HC, the High Court held that the EAT had not erred in striking out the applicant's claim for wrongful dismissal on the basis that an employment tribunal had already determined on a claim for unfair dismissal that the applicant's contract of employment was unenforceable due to illegality and that, since the claim for wrongful dismissal involved the same contract, the EAT was bound by that finding.
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- Date:
- 22 October 2004
- Type:
- Employment law cases
In Tesco Stores Ltd v Pook the High Court holds that that a secret receipt of payment through fraudulent invoices by a senior employee, as a bribe from a company doing business with his employer, gave rise to a conflict of interest and was tantamount to a secret commission.
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- Date:
- 24 September 2004
- Type:
- Employment law cases
In Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others, the House of Lords holds that, in cases where psychiatric injury is alleged to have been caused by acts of the employer committed prior to, and separately from the act of dismissal itself, a cause of action will exist at common law for damages.
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- Date:
- 3 September 2004
- Type:
- Employment law cases
In V v Addey & Stanhope School, the Court of Appeal holds that the extent of the employee's illegal and criminal conduct was such that it prevented him from pursuing a race discrimination claim.