Archive for the 'contract of employment' Category

Volunteer could not claim disability discrimination because he had no employment contract, judge rules

“A paid army volunteer could not claim he had been discriminated against due to disability when work for the army stopped because he did not have an employment contract, an employment appeal tribunal judge has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Employment law changes would shift balance in bosses’ favour – The Guardian

“If the government pushes ahead with plans to double the one-year qualifying period, employees could have to work for two years before having the right to claim unfair dismissal.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

Deutsche Lufthansa AG v Kumpan – WLR Daily

Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90

“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Malone and others v British Airways plc – WLR Daily

Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280

“When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to mean.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com

“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kent bug scandal NHS boss awarded damages – BBC News

“The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135

“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Crim 571; [2010] WLR (D) 135

“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Shoesmith) v Ofsted and others – WLR Daily

Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102

“The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. When making directions pursuant to s 497A of the Education Act 1996 (as inserted by s 8 of the School Standard and Framework Act 1998) to remove an office holder, the Secretary of State could, in certain circumstances, put the wider interests of child safeguarding above the interest of an individual office holder to be treated fairly. That should not mean that the individual concerned should be deprived of her reputation or other contractual or statutory rights. An individual removed from office pursuant to s 497A who had standing to bring a claim against the employer authority in the employment tribunal should bring that claim first and pursue a claim for judical review against her employer only as a last resort.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trader wins £1.4m bank bonus case – The Independent

“Three judges today awarded a London trader the £1.4 million bonus he was denied by his Dutch bank employers.”

Full story

The Independent, 23rd April 2010

Source: www.independent.co.uk

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BA cabin crew lose high court battle to prevent airline cuts – The Guardian

“British Airways cabin crew today lost their high court bid for a permanent injunction preventing the airline from imposing cost-cutting proposals.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

British Airways faces renewed legal action – BBC News

“The union Unite is due to go to the High Court to try to get the changes brought in by British Airways to cabin crew last year overturned.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

BA facing union legal challenge – BBC News

“Unite the union is to take legal action to try to stop British Airways’ plans to impose new pay and conditions on 14,000 cabin crew.”

Full story

BBC News, 30th October 2009

Source: www.bbc.co.uk

Kevin Keegan awarded £2m for constructive dismissal by Newcastle – The Guardian

“Kevin Keegan has been awarded £2m plus interest after an independent arbitration panel found that he was constructively dismissed by Newcastle United in September 2008. Newcastle must pay the former England coach this compensation within seven days.”

Full story

The Guardian, 2nd October 2009

Source: www.guardian.co.uk

Sacked bookshop staff win payout – BBC News

“Workers at a Christian bookshop chain have won a ‘substantial’ payout after being sacked, many by e-mail, by the company’s new owners, a union has said.”

Full story

BBC News, 19th August 2009

Source: www.bbc.co.uk

Shot boss wins £160,000 payment – BBC News

“The boss of an overseas firm who was shot four times and seriously injured, and sacked by his employer on the same day, has won a £160,000 pay claim.”

Full story

BBC News, 24th June 2009

Source: www.bbc.co.uk

Slack and Others v Cumbria County Council – Times Law Reports

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another – Times Law Reports

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another

Court of Appeal

“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Kirklees Metropolitan Council v Radecki – WLR Daily

Kirklees Metropolitan Council v Radecki [2009] EWCA Civ 298; [2009] WLR (D) 133

“Though a settlement of an employment dispute expressed to be ‘without prejudice and subject to contract’ was of no effect, the employment contract was unequivocally terminated when the employer ceased paying the employee’s salary. That was the effective date of termination of the employee’s contract for the purposes of an action for unfair dismissal.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) – WLR Daily

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) [2009] EWCA Civ 293; [2009] WLR (D) 127

“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

GAB Robins (UK) Ltd v Triggs – Times Law Reports

GAB Robins (UK) Ltd v Triggs

Court of Appeal

“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”

The Times, 5th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

GAB Robins (UK) Ltd v Triggs – WLR Daily

GAB Robins (UK) Ltd v Triggs [2008] EWCA Civ 17; [2008] WLR (D) 17

“An employee who had been constructively dismissed was not entitled in proceedings for unfair dismissal to claim damages for the consequences prior to the dismissal of the employer’s repudiatory breach of the employment contract. It was the employee’s acceptance, by her resignation, of the employer’s repudiation of the contract which caused the dismissal, not the repudiatory conduct itself.”

WLR Daily, 30th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Leeds United Association Football Club Ltd – Times Law Reports

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barnetson v. Framlington Group Ltd. and Another – Times Law Reports

Extent of without-prejudice  privilege before dispute

Barnetson v. Framlington Group Ltd. and Another 

Court of Appeal

“When considering whether evidence of prelitigation disputes between the parties should be excluded under without-prejudice privilege, the critical feature of proximity to the litigation was the subject matter of the dispute rather than how long before the threat or start of litigation the matter was aired in negotiations between the parties.”

The Times, 11th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Framlington Group Ltd. and another v. Barnetson – WLR Daily

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

WLR Daily, 24th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

Categories