This week's case round-up from Eversheds, covering: compensatory awards; and safe places of work.
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.
This week's case round-ups, covering: injury to feelings awards; and duties of mutual trust and confidence.
Repeated customs can easily turn into contractual obligations and lead to costly and avoidable payouts. Getting the details right will help resolve this problem. By Sarah Lamont, Partner, 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.
In Georgiou v Colman Coyle March 2002 IDS Brief 705, the Employment Appeal Tribunal held that where the employer had suggested that the employee resign and return to work after a break, so forfeiting her continuity of employment, there could be a fundamental breach of the implied term of trust and confidence. However, because the employer had withdrawn the offer and made a new one keeping the continuity intact, there was no breach.
Tips included in cheque or credit card payments by customers of a restaurant and paid by the employer to the waiters as "additional pay" in their weekly wage slips counted towards the waiters' "remuneration" for the purposes of their statutory minimum wage entitlement, the European Court of Human Rights holds in Nerva and others v United Kingdom.
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HR and legal information and guidance relating to breach of contract.