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.”
The Independent, 23rd April 2010
Source: www.independent.co.uk
“Three judges today awarded a London trader the £1.4 million bonus he was denied by his Dutch bank employers.”
The Independent, 23rd April 2010
Source: www.independent.co.uk
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.
“British Airways cabin crew today lost their high court bid for a permanent injunction preventing the airline from imposing cost-cutting proposals.”
The Guardian, 19th February 2010
Source: www.guardian.co.uk
“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.”
BBC News, 2nd February 2010
Source: www.bbc.co.uk
“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.”
BBC News, 30th October 2009
Source: www.bbc.co.uk
“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.”
The Guardian, 2nd October 2009
Source: www.guardian.co.uk
“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.”
BBC News, 19th August 2009
Source: www.bbc.co.uk
“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.”
BBC News, 24th June 2009
Source: www.bbc.co.uk
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
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 [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.
“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 [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
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.
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 [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.
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.
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 [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.