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- Date:
- 15 September 1999
- Type:
- Employment law cases
A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley.
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- Date:
- 1 April 1999
- Type:
- Employment law cases
In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.
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- Date:
- 15 February 1999
- Type:
- Employment law cases
Damages for wrongful dismissal may in principle include damages in respect of an employee's loss of the opportunity to bring an unfair dismissal complaint, holds the EAT in Raspin v United News Shops Ltd.
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- Date:
- 15 January 1999
- Type:
- Employment law cases
In French v Barclays Bank plc, the Court of Appeal holds that a detrimental change in the terms on which a bridging loan was made to an employee who had been requested to relocate was a breach of the implied term of his contract of employment that the employer would not act so as to destroy the trust and confidence existing as between the employer and him.
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- Date:
- 15 January 1999
- Type:
- Employment law cases
In Hill v General Accident Fire and Life Assurance Corporation plc, the Outer House of the Court of Session holds that there was no breach of the implied duty of mutual trust and confidence when an employer made an employee redundant while he was in receipt of contractual sick pay and had a prospective contractual entitlement to long-term sickness benefit.
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- Date:
- 31 December 1998
- Type:
- Employment law cases
In Midland Bank plc v McCann (1998) IDS 623 EAT, the Employment Appeal Tribunal held that with regard to a discretionary bonus the employer had not exercised its discretion in such a way that it could be said to be in breach of the implied term of mutual trust and confidence.
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- Date:
- 15 July 1998
- Type:
- Employment law cases
In London Borough of Wandsworth v D'Silva and another, the Court of Appeal holds that provisions of a code of practice on sickness absence which an employer was seeking to amend unilaterally were not contractually binding on that employer.
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- Date:
- 1 July 1998
- Type:
- Employment law cases
In the absence of an express contractual term entitling a bookmaker to send the senior dealer in its spread-betting business on garden leave, it was under an obligation to allow him to perform the duties of the post to which it had appointed him in accordance with his contract both during his notice period and before he gave in his notice, holds the Court of Appeal in William Hill Organisation Ltd v Tucker.
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- Date:
- 15 June 1998
- Type:
- Employment law cases
An employee's contract of employment continued after an exchange of letters between the employee, giving one month's notice of termination, and her employer, confirming that it did not want her to work out her notice period and that her salary would be paid in lieu at the end of the notice period, holds the Court of Appeal in Hutchings v Coinseed Ltd.
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- Date:
- 15 November 1997
- Type:
- Employment law cases
An employer did not act in fundamental breach of an employee's contract of employment when it required him to retire at the age of 55, in accordance with its retirement policy aimed at achieving a younger workforce, even though the contract incorporated an equal opportunities policy containing an express commitment to offer equal opportunities regardless of age, rules the EAT in Secretary of State for Scotland v Taylor.