This week's case roundup from Eversheds, covering reducing awards and breach of contract.
In King v University Court of the University of St Andrews, the Court of Session, Outer House, holds that the term of trust and confidence is to be implied throughout all aspects of the ongoing relationship between employer and employee and only ceases to apply once the decision to dismiss has been taken.
In Eastwood and Williams v Magnox Electric plc, the Court of Appeal holds that employees who claimed that they were subjected to months of bullying and harassment and then unfairly dismissed, could not bring a county court claim for damages for breach of either the implied term of mutual trust and confidence or the duty of care owed by the employer to the employee.
This week's case roundup, covering redundancy and disability discrimination.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of decisions on discrimination.
An employee was not barred by the principle of estoppel from pursuing a claim for damages for breach of contract in the High Court, notwithstanding that his claim for damages for the same alleged breach of contract previously brought in the employment tribunal had been dismissed when he withdrew that claim, holds the Court of Appeal in Sajid v Sussex Muslim Society.
In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.
A non-competition covenant prohibiting a former employee from working as an estate agent within a specified area for two years after leaving his employer was unreasonable and unenforceable, holds the High Court in Barry Allsuch & Co (a firm) v Harris.
Continuing our regular series on the implications of recent significant cases. James Humphery, partner at Trethowans Solicitors, Southhampton, looks at the issues.
This weeks case roundup, covering an employee's failure to mitigate their loss in relation to a breach of contract claim and a dismissal for asserting a statutory right.
HR and legal information and guidance relating to breach of contract.