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- Date:
- 15 January 1992
- Type:
- Employment law cases
In some circumstances, an employer is under an implied obligation to notify its employees of any rights which they have under their contracts of employment which are dependent upon them taking some sort of action, rules the House of Lords in Scally and others v Southern Health and Social Services Board and others.
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- Date:
- 8 March 1991
- Type:
- Employment law cases
An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.
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- Date:
- 22 February 1991
- Type:
- Employment law cases
In Rutherford v Radio Rentals Ltd, the Court of Session holds that to give effect to an employer's contractual obligation to provide personal accident insurance for its employees, it may be necessary to imply a further term that the employer must make a payment to any employee who qualifies under the terms of the insurance policy referred to in the contract. The employer cannot discharge its obligations merely by relying on a refusal by the insurance company to honour the policy.
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- Date:
- 31 December 1990
- Type:
- Employment law cases
In Glynn v Commissioner of Inland Revenue [1990] 2 WLR 633, the Judicial Committee of the Privy Council found that school fees paid on behalf of an employee were a taxable benefit.
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- Date:
- 19 June 1990
- Type:
- Employment law cases
The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.
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- Date:
- 1 August 1986
- Type:
- Employment law cases
In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex.
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- Date:
- 1 April 1986
- Type:
- Employment law cases
In Coales v John Wood & Co [1986] IRLR 129 EAT, the EAT held that the obligation on an employer to provide an employee with a written itemised pay statement at or before the time at which any payment of wages or salary is made is an absolute one and is not conditional upon the employee requesting such a statement.
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- Date:
- 31 December 1985
- Type:
- Employment law cases
In Postcastle Properties Ltd v Perridge [1985] 276 EG 1063 CA, the Court of Appeal held that an occupier of premises who had been the employee of the then owners when his occupation began was a tenant. Whether or not he had originally been granted a tenancy or a licence, the evidence showed the grant by the subsequent owners of a service tenancy.
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- Date:
- 31 December 1985
- Type:
- Employment law cases
In Street v Mountford [1985] AC 809 HL, the House of Lords held that an agreement that provided for exclusive occupation for a rent was a tenancy, although it had been described as a licence. Circumstances where a person with exclusive occupation will not be a tenant include where an employee occupies his employer's premises in order to perform his duties as an employee.
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- Date:
- 7 February 1984
- Type:
- Employment law cases
Where employers pay for an employee's training, they can require a reasonable minimum period of service after the training is completed. In Strathclyde Regional Council v Neil, the Sheriff Court holds that a contractual provision for repayment by the employee of the costs incurred is not a penalty and can be enforced, provided the amount relates to the loss suffered by the employer.