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Breach of contract

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  • Date:
    18 October 1991
    Type:
    Employment law cases

    Contracts of employment: Implied terms depend on necessity not reasonableness

    The EAT emphasises in White v Reflecting Roadstuds Ltd that a restriction on an employer's powers under a flexibility clause should be implied only if it is necessary to make the contract workable, not merely because it would be reasonable to imply such a term.

  • Date:
    19 July 1991
    Type:
    Employment law cases

    Contracts of employment: City-wide restriction on competition was too wide

    A restrictive covenant preventing former employees of an employment agency in the City of London from dealing with and soliciting custom from all 6,000 clients of their former employer was too wide.

  • Date:
    22 March 1991
    Type:
    Employment law cases

    Contracts of employment: Wrongful dismissal damages not reduced by UD award

    The Court of Appeal holds in O'Laoire v Jackel International Ltd that, unless it can be shown that an employee will recover twice for the same loss, damages for wrongful dismissal should not be reduced by the amount of compensation awarded by a tribunal in respect of unfair dismissal.

  • Date:
    1 February 1991
    Type:
    Employment law cases

    Robb v London Borough of Hammersmith and Fulham

    In Robb v London Borough of Hammersmith and Fulham [1991] IRLR 72 HC, the High Court granted an interlocutory injunction restraining the council from giving effect to the purported summary dismissal of its director of finance on disciplinary grounds - and requiring it to treat him as suspended on full pay - unless and until it had properly complied with the disciplinary procedure incorporated into his contract of employment.

  • Date:
    11 January 1991
    Type:
    Employment law cases

    Contracts of employment: Prospect of success at trial - relevance in injunction decision

    In Lansing Linde Ltd v Kerr the Court of Appeal holds that the High Court was entitled to refuse an employer's application for an interim injunction restraining a former employee from working for a competitor in breach of a restrictive covenant.

  • Date:
    19 June 1990
    Type:
    Employment law cases

    Contracts of employment: No damages for loss of share option on wrongful dismissal

    The High Court's decision in Micklefield v SAC Technology Ltd illustrates how employees' rights under employee share option schemes can be affected by the termination of their employment.

  • Date:
    6 June 1990
    Type:
    Employment law cases

    Contracts of employment: Wrongful dismissal prevents reliance on "restraint of trade" clause

    Where an employee is wrongfully dismissed, any outstanding contractual obligations of the injured employee are extinguished upon the ending of the employment contract, holds the High Court in Briggs v Oates.

  • Date:
    5 December 1989
    Type:
    Employment law cases

    Contracts of employment: Relocation - implied terms

    In United Bank Ltd v Akhtar, the EAT holds that it was necessary for certain terms to be implied into a contract of employment in order for the employee to be in a position to comply with a relocation clause.

  • Date:
    11 July 1989
    Type:
    Employment law cases

    Pay and the employment contract: Employer need not pay for partial performance

    An employee who is not ready and willing to perform all of his duties under his contract of employment is not entitled to be paid at all rules the Court of Appeal in Wiluszynski v London Borough of Tower Hamlets.

  • Date:
    21 February 1989
    Type:
    Employment law cases

    Contracts of employment: Restraining employee competition during the notice period

    In Provident Financial Group plc and Whitegates Estate Agency Ltd v Hayward the Court of Appeal upholds a judge's refusal to grant an injunction to restrain the group's former finance director from joining a competitor before his notice period had expired.

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HR and legal information and guidance relating to breach of contract.