Contracts of employment

New and updated

• Date:

  2 July 2004

  Type:

  Employment law cases

  Contracts of employment: Collectively "agreed" variation to terms not valid

  In South Tyneside Metropolitan Borough Council v Graham, the EAT holds that a "local agreement", for the purposes of the National Joint Council for Local Government Employees' collective bargaining agreement, should be construed as meaning either an agreement by all the locally recognised trade unions, or an agreement that has been determined by a process agreed by all the recognised unions.

• Date:

  21 May 2004

  Type:

  Employment law cases

  Damages: EDT is end of statutory notice in summary dismissals

  In Harper v Virgin Net Ltd the Court of Appeal holds under s.97(2) of the Employment Rights Act 1996, where an employee is summarily dismissed, that employee's effective date of termination ("EDT") is only extended to the end of the statutory notice period to which he or she would have been entitled, and not to the end of their contractual notice period.

• Date:

  7 May 2004

  Type:

  Employment law cases

  Contracts of employment: No implied duty to take care for employee's economic wellbeing

  In Crossley v Faithful & Gould Holdings Ltd the Court of Appeal holds that there is no implied contractual obligation for an employer to take reasonable care for its employees' economic wellbeing.

• Date:

  1 April 2004

  Type:

  Employment law cases

  Whitely v Marton Electrical Ltd

  In Whitely v Marton Electrical Ltd [2003] IRLR 197 EAT, the Employment Appeal Tribunal held that the dismissal of a modern apprentice before the completion of his training was a breach of contract.

• Date:

  1 January 2004

  Type:

  Employment law cases

  Martin and others v South Bank University

  In Martin and others v South Bank University [2004] IRLR 74 ECJ, the European Court of Justice held that early retirement benefits should be paid for by a new employer after a transfer of undertakings.

• Date:

  31 December 2003

  Type:

  Employment law cases

  Fraser v Stolt Offshore Ltd

  In Fraser v Stolt Offshore Ltd [2003] All ER (D) 185 (Apr) EAT, the Employment Appeal Tribunal held that an employer can issue a warning to a fixed-term employee that will be valid for a longer period than the fixed-term contract. The warning will carry over into the next contract and the employee does not have to be notified of this when he accepts the next contract.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Type:

  Quick reference

  Breach of contract - claim brought in employment tribunal

  A table summarising the maximum award for a breach of contract claim brought in an employment tribunal.

• Type:

  FAQs

  Can an employee bring a breach of contract claim in an employment tribunal?

• Date:

  21 February 2003

  Type:

  Employment law cases

  Breach of contract: Stigma must be real or substantial cause of failure to obtain employment

  In Bank of Credit and Commerce International SA (in liquidation) v Ali and others (No.3), the Court of Appeal holds that, where a claimant alleges that stigma resulting from his or her previous employment affected his or her employment prospects, it was for him or her to prove that the stigma had a real or substantial effect on his or her obtaining employment.