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.
Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
This week's case roundup from Eversheds, covering race discrimination and redundancy.
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 company car policy and sex discrimination.
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.
HR and legal information and guidance relating to breach of contract.