“More than 100 former employees of Dresdner Bank, based in London, will go to court this week to demand the payment of €50m (£41.5m) in bonuses they claim they have been owed since soon after the 2008 banking crash.”
Full story
The Guardian, 22nd January 2012
Source: www.guardian.co.uk
“Andy Coulson, the former News of the World editor, took his ex-employer News Group Newspapers to the High Court today over its refusal to reimburse his legal fees arising from the phone-hacking affair.”
Daily Telegraph, 7th December 2011
Source: www.telegraph.co.uk
“Terms and conditions of employment are often found, especially in the public sector, not in the individual contracts of employment themselves, but in collective agreements between the employer and trade unions, collective agreements which are expressly incorporated into the individual contracts. If the employer and the unions agree changes in the collective agreement then the individual contracts will automatically be varied accordingly.”
Full story (PDF)
11 KBW, 24th November 2011
Source: www.11kbw.com
“A vicar who claims he was driven out of his picturesque rural parish is attempting to make legal history by having his complaints against the Church of England heard by an employment tribunal.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Employment contracts are distinctive. The most obvious reason for this is statutory intervention. Statute regulates both the freedom of employers to select the individuals with whom they may make contracts of employmentand the terms of employment contracts. For example, in neither respect may the employer discriminate on grounds of sex, race, disability, etc.; and the contract must provide for a rate of pay greater than or equal to the national minimum wage.”
Full story (PDF)
11 KBW, 7th October 2011
Source: www.11kbw.com
“The settlement of ordinary commercial disputes is familiar territory for all lawyers, and settlements rarely require any particular formalities beyond sufficient clarity as to the terms of the agreement. This is equally so for purely contractual disputes in the field of employment, but there the comparison stops. It is a basic principle of statutory employment rights that the parties cannot simply contract out of the rights, and therefore particular formality is needed to effect an enforceable settlement of any employment dispute where the employee may make a claim based on statutory employment rights.”
Full story (PDF)
11KBW, 23rd September 2011
Source: www.11kbw.com
Autoclenz Ltd v Belcher and others [2011] UKSC 41; [2011] WLR (D) 255
“In the employment context, the courts should focus on the reality of the relationship between the parties, which might not be accurately reflected by the written documentation. In deciding whether the terms of any written agreement in truth represented what was agreed, the relative bargaining power of the parties had to be taken into account.”
WLR Daily, 27th July 2011
Source; www.iclr.co.uk
“Journalists dismissed by the News of the World who are unable to find new jobs and fear their professional reputations have been damaged by the phone hacking scandal could have legal grounds for suing News International, according to employment specialists.”
The Guardian, 10th July 2011
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 4th May 2011
Source: www.out-law.com
“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.”
The Guardian, 3rd May 2011
Source: www.guardian.co.uk
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 (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 [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.
“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.”
OUT-LAW.com, 14th October 2010
Source: www.out-law.com
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.
“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.
“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.”
BBC News, 24th June 2010
Source: www.bbc.co.uk
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 [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 [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.
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