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- Date:
- 15 August 1997
- Type:
- Employment law cases
In (1) Wilson and others v St Helens Borough Council (2) Meade and another v British Fuels Ltd, the Court of Appeal considers the position under the Transfer of Undertakings Regulations where employees' contracts of employment are terminated on a relevant transfer and they accept employment with the transferee on less favourable terms and conditions.
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- Date:
- 1 August 1997
- Type:
- Employment law cases
In principle, employees can recover "stigma" damages in respect of their reasonably foreseeable loss of employment prospects resulting from their employer's breach of the implied term of trust and confidence, holds the House of Lords in Malik and another v Bank of Credit and Commerce International SA (in compulsory liquidation).
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- Date:
- 15 July 1997
- Type:
- Employment law cases
A deputy headteacher's verbal assurances that a teacher's temporary promotion would be made permanent had no contractually binding effect, holds the EAT in Puntis v The Governing Body of Isambard Brunel Junior School.
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- Date:
- 1 July 1997
- Type:
- Employment law cases
In Sarker v South Tees Acute Hospitals NHS Trust the EAT holds that an industrial tribunal had jurisdiction to hear a breach of contract claim brought by an employee whose contract of employment was terminated by the employer before the date on which she was due to start work.
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- Date:
- 15 February 1997
- Type:
- Employment law cases
An employee who was dismissed without notice in breach of his contract of employment was released from the further performance of that contract and so was not bound by his contractual obligation to repay relocation expenses received from his employer, holds the EAT in Pearce v Roy T Ward (Consultants) Ltd.
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- Date:
- 15 January 1997
- Type:
- Employment law cases
The service contract of a company chief executive imposed a contractual obligation on his employer to review and provide an annual upward adjustment in salary, holds the High Court in Clark v BET plc and another.
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- Date:
- 15 December 1996
- Type:
- Employment law cases
In Christian Salvesen Food Services Ltd v Ali and others, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period.
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- Date:
- 15 November 1996
- Type:
- Employment law cases
In Aspden v Webbs Poultry & Meat Group (Holdings) Ltd, the High Court implies a term into an employee's contract of employment providing that, save for summary dismissal, the employer would not terminate the contract while the employee was incapacitated for work.
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- Date:
- 1 August 1996
- Type:
- Employment law cases
The unilateral imposition of a continuous rolling shift pattern in place of the traditional shifts previously worked by employees in accordance with their contracts amounted to an express dismissal of those employees, who reserved their right to complain of unfair dismissal even though they worked under the new system, holds the EAT in Alcan Extrusions v Yates and others.
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- Date:
- 15 July 1996
- Type:
- Employment law cases
There is no legal basis on which a court can, in enforcing a restrictive covenant by injunction, allow some kind of set-off against the period during which the employee has been on garden leave, holds the Court of Appeal in Armstrong and others v Credit Suisse Asset Management Ltd.