Precedent-setting cases from the EAT and appellate courts, along with reports of selected tribunal cases.

This tool will help you:

  • Stay up to date with developments in case law.
  • Keep informed about the situations that have led to employment tribunal claims.

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  • Drafting defect in restrictive covenant: Court of Appeal permits ex-employee to work for competitor

    Date:
    25 July 2014

    The Court of Appeal has held that an employer was bound by the terms of a restrictive covenant in an employment contract that, on a literal reading, had the unintended result that an ex-employee was not restricted from working for a competitor.

  • Age discrimination: law firm's mandatory retirement age of 65 for partners was justified

    Date:
    21 July 2014

    The Employment Appeal Tribunal (EAT) has dismissed an appeal against a finding that a mandatory retirement age of 65 for partners in a law firm was justified.

  • Disability discrimination: Advocate General considers morbid obesity as a potential disability

    Date:
    18 July 2014

    The Advocate General has issued his opinion on the issue of discrimination on the ground of obesity, stating that, while there is no general principle of EU law prohibiting discrimination on the ground of obesity in its own right, morbid obesity may come within the meaning of "disability" (for the purpose of the Equal Treatment Directive (2000/78/EC)) if it is of such a degree as to hinder full participation in professional life on an equal footing with other employees.

  • National minimum wage: higher education exception for UK workers justified

    Date:
    10 July 2014

    The Employment Appeal Tribunal (EAT) has held that a "higher education course" under the National Minimum Wage Regulations 1999 (SI 1999/584) relates to courses undertaken only in the UK and therefore disproportionately excludes foreign students and is indirectly discriminatory, but is justified as a proportionate means of preventing abuse of the national minimum wage system, which is a legitimate aim.

  • Constructive dismissal: delay in resigning does not alone affirm contract

    Date:
    04 July 2014

    The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.

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