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Searching Content indexed under Contract of Employment by Bird & Bird's Labour & Employment Group ordered by Published Date Descending.
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Unfair Dismissal - Fair Dismissal May Still be Breach of Contract
In the recent case of "Weston Recovery Services v Fisher the EAT" reminded us that many dismissals are unfair even where the employer is contractually entitled to dismiss. Conversely, some dismissals are not unfair even though the dismissal was in breach of contract.
UK
15 Nov 2010
2
The Equality Act 2010: New Legislation (Labour & Employment - August 2010)
The Equality Act 2010 received Royal Assent on 8 April 2010. The Act brings disability, sex, race and other grounds of discrimination within one piece of legislation, and also makes changes to the law.
UK
18 Aug 2010
3
Breach of Contract: When Does a Discretionary Bonus Become a Contractual Right?
In "Anar and others v Dresdner Kleinwort Benson and another", the High Court recently considered whether employees should be allowed to bring a breach of contract claim where their employer had reduced the amount of their annual discretionary bonuses by 90%.
UK
20 Jul 2010
4
Termination of Contract of Employment: Effect of Conditional Resignation
It is sometimes unclear when a contract of employment has come to an end. In the recent case of "Heaven v Whitbread Group plc", the claimant wrote to his employer on 29 August: 'I tender my resignation... [but] this is dependent on two factors... [that I get] one month's money and a glowing reference'.
UK
20 Jul 2010
5
Jurisdiction: Where No 'Choice of Law' Clause in Employment Contract
In "Chunilal v Merrill Lynch", a UK national originally based in London but who had lived and worked in Hong Kong since 2003, wanted to claim a discretionary bonus from his employer, a company registered in the US state of Delaware.
UK
20 Jul 2010
6
Breach of Contract - Damages Not Limited to Notice Period
In "Edwards v Chesterfield Royal Hospital NHS Foundation Trust" the Court of Appeal considered the claim of a hospital doctor who had been summarily dismissed for misconduct.
UK
16 Jun 2010
7
Restrictive Covenants - Enforceability of Covenants in a 'Fast-Moving' Business
In "Associated Foreign Exchange v International Foreign Exchange (UK) and Abbassi" the High Court refused to grant an interim injunction to enforce a post-termination restrictive covenant in a contract of employment.
UK
16 Jun 2010
8
Contracts - Employee Entitled to Summary Judgment for Bonus Payment
In the recent case of "Khatri v Cooperatieve Centrale etc." an individual was employed under a written contract which included provision for a performance-related bonus to be paid each year-end calculated on the basis of a formula.
UK
25 May 2010
9
Contracts - Contractual Termination Date
In the case of "Geys v Société Générale", the employer handed an employee a letter which stated that his contract was terminated 'with immediate effect'. The High Court ruled, however, that the contract was only effectively terminated some five weeks later.
UK
25 May 2010
10
Age Discrimination - Retirement Age Does Not Mean Age Discrimination
The Court of Appeal has considered the Employment Equality (Age) Discrimination Regulations 2006 for the first time in the case of "Homer v Chief Constable of West Yorkshire".
UK
24 May 2010
11
'Whistleblowing' (Can Include Disclosure About Previous Employer)
The recent EAT decision in the case of "BP plc v Elstone" confirms that a claimant has to be a 'worker' to bring a claim against their current employer that they have suffered a detriment for whistleblowing (otherwise known as making a 'protected disclosure').
UK
24 May 2010
12
Directors' Duties - Ex-Directors Owe Fiduciary Duties
The fiduciary duties of a director, which require the director to avoid his or her own interests conflicting with those of the company, were recently codified in the Companies Act 2006 and now the High Court, in "Thermascan Ltd v Norman", has considered the extent of those duties.
UK
4 May 2010
13
Constructive Dismissal - Unjustifiable and Impossible to 'Cure'
In "Buckland v Bournemouth University", the Court of Appeal has clarified the law concerning the position of an employer who has committed a repudiatory breach of contract which has, in turn, led to an employee resigning from his or her post and claiming constructive dismissal.
UK
4 May 2010
14
Employment Contracts - Staff Handbook Allowed Contract Changes
The terms of an employment contract usually cannot be changed or varied without the consent of both parties (employer and employee), so an employer will often include policy statements in a non-contractual staff handbook, the terms of which it can change or update at will.
UK
4 May 2010
15
Employee Status - Can Independent Contractors Have It Both Ways?
Over the last couple of years we have reported regularly on cases looking at the employment status of workers provided through an intermediary to provide services to an end user.
UK
26 Mar 2010
16
TUPE - Employment Law Update
'Static' interpretation of wage-fixing clause in transferring employees' contracts.
UK
12 Mar 2010
17
Age Discrimination - Local Laws May Be Disapplied Where They Conflict With Directive (Employment Update)
In Kucukdevici v Swedex GmbH the European Court of Justice (ECJ) considered the impact of the age discrimination provisions in the Equal Treatment Directive 2000/78 on a German law designed to provide flexibility in the workplace.
European Union
12 Mar 2010
18
Working Time Regulations – Minimum Paid Holiday Not An 'Inalienable Right' (Employment Update)
In Lyons v Mitie Security Ltd the EAT has said that a worker's entitlement to paid holiday under the Working Time Regulations (WTR) can be subject to fairly operated statutory or contractual requirements.
UK
12 Mar 2010
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