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- Date:
- 1 November 2000
- Type:
- Employment law cases
A provision of a contract of employment preventing the employee from working for any other business during the term of the contract could be enforced by an injunction limited to restraining the employee, during the remainder of a period of garden leave, from being employed by or advising a competitor of the employer, holds the Court of Appeal in Symbian Ltd v Christensen.
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- Date:
- 15 October 2000
- Type:
- Employment law cases
A contractual discretion whether or not to award an equity trader any, and if so what, bonus, which was "dependent upon individual performance", was one that had to be exercised both by reference to an assessment of performance of the trader's contract and not irrationally or perversely, holds the High Court in Clark v Nomura International plc.
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- Date:
- 1 September 2000
- Type:
- Employment law cases
In Wincanton Ltd v Cranny and another, the Court of Appeal holds that a non-solicitation covenant was, owing to its internal limitations, not too wide as to be unenforceable.
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- Date:
- 15 July 2000
- Type:
- Employment law cases
An employee was not barred from claiming compensation under the Sex Discrimination Act by reason of the fact that her contract of employment was allegedly tainted by illegality, holds the Court of Appeal in Hall v Woolston Hall Leisure Ltd.
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- Date:
- 31 December 1999
- Type:
- Employment law cases
In Clark v Fahrenheit 451 (Communications) Ltd EAT/591/99, the Employment Appeal Tribunal held that, where a contract contains no express notice clause and it is implied that it can be terminated by giving a reasonable period of notice, what is a reasonable period of notice is a question of mixed fact and law and depends on the circumstances.
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- Date:
- 15 December 1999
- Type:
- Employment law cases
Section 3 of the Unfair Contract Terms Act 1977, which applies as between contracting parties where one "deals as consumer" to prevent the other from excluding or restricting any liability of his or hers for breach of contract, extends to contracts of employment, holds the High Court in Brigden v American Express Bank Ltd.
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- Date:
- 1 November 1999
- Type:
- Employment law cases
A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.
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- Date:
- 15 September 1999
- Type:
- Employment law cases
In Bank of Credit and Commerce International SA (in compulsory liquidation) v Ali and others (No.3), the High Court holds that BCCI's dishonest conduct was sufficiently serious to amount to a breach by the bank of the implied term of mutual trust and confidence in the contracts of employment of all its former employees.
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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.