Court of Appeal rules that an employee may be able to claim damages for dismissal and to make a separate claim for treatment leading up to that dismissal. By Sarah Lamont, partner at Bevan Ashford.
In Albion Automotive Ltd v Walker and others, the Court of Appeal upholds an employment tribunal's decision that an employer who made enhanced redundancy payments according to an agreed policy for a number of years created a custom and practice from which the tribunal could infer that the employer and/or its successors intended to be contractually bound to make those payments.
There is an implied term in a contract of employment that, once an employer has determined that an employee will be dismissed by reason of redundancy, in circumstances where his or her dismissal for any other reason will defeat his or her right to enhanced contractual redundancy benefits, the employer may not lawfully dismiss him or her for any reason other than redundancy, except for good cause, the High Court holds in Jenvey v Australian Broadcasting Corporation.
In Campbell v Frisbee  EWHC 328, the High Court held that a repudiatory breach of a contract for services did not release the innocent party from the duty of confidentiality. There was no public interest in Ms Campbell's life that would justify disclosure of personal confidential information. Neither was there sufficient public interest to justify invoking the right to freedom of expression under the European Convention on Human Rights or the Press Complaints Commission Code of Practice.
How should employers react to a recent case that casts doubt on when restrictive covenants are enforceable?
An employer acted in breach of the implied contractual duty of trust and confidence when it failed to offer an employee new, enhanced contractual redundancy terms given to all other permanent employees, in the genuine but mistaken belief that he was not a permanent employee, holds the Court of Appeal in Transco plc v O'Brien.
The manner in which managers at City brokers Cantor Fitzgerald tried to introduce new financial terms for two of its brokers ultimately invalidated vital restrictive covenants in their contracts. Chris Southam urges firms to learn the lesson that macho management can have unforeseen consequences.
Continuing our regular series on the implications of recent significant cases, Sarah Keeble, a partner in the Olswang Employment Group, looks at the issues.
This week's case roundup from Eversheds, covering redundancy rights and risk assessment.
This week's case roundup from Eversheds, covering company car policy and sex discrimination.
HR and legal information and guidance relating to breach of contract.