Breach of contract
In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
The Employment Appeal Tribunal (EAT) has held that the employer acted in breach of the implied term to maintain trust and confidence by giving a misleading reason for the employee's dismissal.
The High Court has held that an employee had no reasonable expectation of privacy when he used his employer's computer system to create,and transmit, personal email correspondence in the course of his employment.
The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.
An employment tribunal has awarded £25,000 for breach of contract to an apprentice whose contract of apprenticeship, which was due to run for four years, was terminated after less than two years.
In Adesokan v Sainsbury's Supermarkets Ltd [2017] IRLR 346 CA, the Court of Appeal held that an employee's negligent failure to act constituted gross misconduct justifying summary dismissal.
HR and legal information and guidance relating to breach of contract.