Breach of contract

New and updated

  • On appeal

    Date:
    4 December 2001
    Type:
    Law reports

    Continuing our regular series spelling out the implications of important cases heard recently in the appeal courts. Paul White and Charlotte Hamer look at the issues

  • Termination payments: Termination payment negotiated following notice was taxable as emolument

    Date:
    19 November 2001
    Type:
    Law reports

    A lump-sum payment to an employee of £75,000 negotiated and agreed between the employer and employee after the employer had given notice of termination was taxable in full as an emolument from the employment, holds the High Court in Richardson (HM Inspector of Taxes) v Delaney.

  • Dismissal: Employee failed to mitigate loss by refusing new position

    Date:
    19 November 2001
    Type:
    Law reports

    In Marenghi v The Western Baths Club, the EAT holds that an employee who refused a reasonable offer of a new position beginning exactly when her old position ceased had failed to mitigate her loss in relation to her breach of contract claim.

  • Issue estoppel: No estoppel to prevent safety issue from being litigated

    Date:
    19 November 2001
    Type:
    Law reports

    In Friend v Civil Aviation Authority, the Court of Appeal holds that issue estoppel did not arise to bar an employee's civil action for damages for the employer's breach of contract in requiring the employee to follow unsafe procedures at work in circumstances where previous employment tribunal proceedings had concentrated purely on procedural matters to do with the employee's unfair dismissal claim.

  • Contract terms: Evidence of long-established practice may be used to resolve contractual ambiguity

    Date:
    1 October 2001
    Type:
    Law reports

    In Dunlop Tyres Ltd v Blows, the Court of Appeal holds that the EAT erred in discounting the evidence of a long-established practice in seeking to find the correct interpretation of contractual overtime provisions.

  • Disciplinary procedure: Employer prevented from acting outside contractual disciplinary procedure

    Date:
    1 October 2001
    Type:
    Law reports

    The Court of Appeal holds in Barros D'Sa v University Hospital Coventry and Warwickshire NHS Trust, sued as Walsgrave Hospital NHS Trust that an employer that dealt with allegations of an employee's misconduct by way of an inquiry panel, constituted under its disciplinary procedure to find facts and make recommendations as to any disciplinary action to be taken, was not entitled at a subsequent disciplinary hearing to take account of matters in respect of which the panel made no findings.

  • Method of dismissal can affect damages

    Date:
    25 September 2001
    Type:
    Law reports

    The Court of Appeal has recently clarified the issue of the level of damages that can be claimed in cases of wrongful dismissal

  • Duty of trust and confidence: Singling out employee led to breach of trust and confidence duty

    Date:
    15 September 2001
    Type:
    Law reports

    In BG plc v O'Brien, the EAT holds that an employer was in breach of contract when it denied an employee the benefit of a contractual redundancy package because it had not appreciated that his employment status was that of a "permanent" employee.

  • Duty of trust and confidence: Demotion did not breach implied term of trust and confidence

    Date:
    15 September 2001
    Type:
    Law reports

    The EAT holds in Hilton v Shiner Ltd that an employment tribunal had erred in holding, without giving reasons, that there was no fundamental change in an employee's contract in circumstances where the employee had been demoted from a position which included serving customers and the handling of money to one in which he was not allowed to do either.

  • Contracts of employment: Employee contractually entitled to unpaid "discretionary" bonuses

    Date:
    1 August 2001
    Type:
    Law reports

    In Chequepoint (UK) Ltd v Radwan, the Court of Appeal upholds an employment tribunal's award of damages to a dismissed employee in respect of unpaid bonuses.