This week's case round-up from Eversheds, covering restrictive covenants.
A table summarising the maximum award for a breach of contract claim brought in an employment tribunal.
This week's case round-up from Eversheds, covering: employment status; and breach of contractual disciplinary procedure.
An employer was in repudiatory breach of the implied trust and confidence term when its senior executives pressurised two City brokers to accept a variation to their contractual terms, which would have resulted in them being paid on a commission-only basis and losing valuable rights to fixed annual remuneration plus bonuses, the High Court holds in Cantor Fitzgerald International v Bird and others.
This week's case round-up from Eversheds, covering: entitlements to PHI benefits; and disability claims.
In McCabe v Cornwall County Council and another, the Court of Appeal allows an appeal against an order of the High Court that an original claim for damages for psychiatric injury, resulting from events leading up to and flowing from the claimant's dismissal, could not be substituted by a new claim limited in concern to events prior to dismissal.
In Marlow v East Thames Housing Group Ltd, the High Court holds that where an employee is contractually entitled to benefits paid by insurers under a permanent health insurance policy with the employer, the employer is bound to take all reasonable steps to secure those benefits from the insurers. This could, depending on the circumstances, entail pursuing litigation against the insurers.
In Walton v Airtours plc and another, the Court of Appeal holds that an airline pilot who was unable to continue with his job after becoming ill with chronic fatigue syndrome, but was fit to undertake light part-time work with rehabilitation and a programme of support, remained entitled to benefits under the employer's PHI scheme, notwithstanding that those benefits were payable in the long term only if the employee was unable to "follow any occupation".
In Bank of Credit and Commerce International SA (in liquidation) v Ali and others (No.3), the Court of Appeal holds that, where a claimant alleges that stigma resulting from his or her previous employment affected his or her employment prospects, it was for him or her to prove that the stigma had a real or substantial effect on his or her obtaining employment.
HR and legal information and guidance relating to breach of contract.