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Breach of contract

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  • Date:
    9 November 2011
    Type:
    Employment law cases

    High Court provides guidance on when a provision has contractual effect

    The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment. 

  • Date:
    19 May 2011
    Type:
    Employment law cases

    Employer's failure to publicise job vacancies led to constructive dismissal

    This case demonstrates the importance of employers complying with the terms of contractual staff handbooks and dealing with grievance appeals properly.

  • Date:
    28 February 2011
    Type:
    Employment law cases

    Employer that dishonestly poached staff could not rely on future contracts

    The Court of Appeal has held that an employer in the financial sector that poached staff from a rival could not enforce dishonestly obtained forward contracts with employees who later decided not to move. 

  • Date:
    1 December 2010
    Type:
    Employment law cases

    Case round-up

    Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.

  • Date:
    28 July 2010
    Type:
    Employment law cases

    Breach of contract: Failure to report potential fraud to parent company was fundamental breach

    In Dunn and anor v AAH Ltd [2010] EWCA Civ 183 CA, the Court of Appeal held that an employee was guilty of gross misconduct in failing to report a serious financial risk faced by his employer to its parent company. His contract expressly required such a report to be made, and it was not sufficient that he had reported all relevant matters to his line manager.

  • Date:
    1 June 2010
    Type:
    Employment law cases

    Contracts: Agreement on crew numbers not incorporated into employees' contracts

    In Malone and others v British Airways plc [2010] IRLR 431 HC, the High Court held that the provisions of a collective agreement purporting to set "minimum" cabin crew numbers for different routes and types of craft were not incorporated into individual employees' contracts of employment. In any event, an injunction would not be granted to restrain the employer from reducing cabin crew numbers below the levels specified, and, even if there had been a breach of contract, any award for damages would be for a nominal amount only.

  • Date:
    1 June 2010
    Type:
    Employment law cases

    Case round-up

    Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.

  • Date:
    13 April 2010
    Type:
    Employment law cases

    Contracts of employment: Express variation provision allowed employer to impose new pay arrangements without consent

    In Bateman and others v Asda Stores Ltd EAT/0221/09, the EAT held that the employer was entitled to change its employees' pay arrangements without their consent because it had reserved a clear contractual right to make unilateral variations to their terms and conditions of employment.

  • Date:
    1 March 2010
    Type:
    Employment law cases

    Case round-up

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.

  • Date:
    11 November 2009
    Type:
    Employment law cases

    TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract

    In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.

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HR and legal information and guidance relating to breach of contract.