Tullett Prebon Plc and others v BGC Brokers LP and others [2011] IRLR 420 CA

Reports relating to this case:

  • Constructive dismissal: No breach of contract in steps taken to prevent rival poaching employees

    Date:
    6 September 2011

    In Tullett Prebon Plc and others v BGC Brokers LP and others [2011] IRLR 420 CA, the Court of Appeal held that employees who had signed "forward contracts" to join a future employer that had engaged in an unlawful conspiracy to lure them away from their existing employer were entitled to terminate the forward contracts on the basis of the conspiratorial conduct. Further, in seeking to persuade them and other employees to stay, the existing employer had not committed a breach of trust and confidence entitling those who left to terminate their contracts lawfully.

  • Employer that dishonestly poached staff could not rely on future contracts

    Date:
    28 February 2011

    The Court of Appeal has held that an employer in the financial sector that poached staff from a rival could not enforce dishonestly obtained forward contracts with employees who later decided not to move.