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Breach of contract

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  • Date:
    1 November 2000
    Type:
    Employment law cases

    Restrictive covenants: Limited enforcement of exclusive service provision during garden leave was justified

    A provision of a contract of employment preventing the employee from working for any other business during the term of the contract could be enforced by an injunction limited to restraining the employee, during the remainder of a period of garden leave, from being employed by or advising a competitor of the employer, holds the Court of Appeal in Symbian Ltd v Christensen.

  • Date:
    15 October 2000
    Type:
    Employment law cases

    Contracts of employment: Decision to award nil discretionary bonus was breach of contract

    A contractual discretion whether or not to award an equity trader any, and if so what, bonus, which was "dependent upon individual performance", was one that had to be exercised both by reference to an assessment of performance of the trader's contract and not irrationally or perversely, holds the High Court in Clark v Nomura International plc.

  • Date:
    1 September 2000
    Type:
    Employment law cases

    Restrictive covenants: Intrinsically self-limiting non-solicitation covenant was enforceable

    In Wincanton Ltd v Cranny and another, the Court of Appeal holds that a non-solicitation covenant was, owing to its internal limitations, not too wide as to be unenforceable.

  • Date:
    31 December 1999
    Type:
    Employment law cases

    Clark v Fahrenheit 451 (Communications) Ltd

    In Clark v Fahrenheit 451 (Communications) Ltd EAT/591/99, the Employment Appeal Tribunal held that, where a contract contains no express notice clause and it is implied that it can be terminated by giving a reasonable period of notice, what is a reasonable period of notice is a question of mixed fact and law and depends on the circumstances.

  • Date:
    15 December 1999
    Type:
    Employment law cases

    Exemption clauses: Contract of employment was "consumer contract"

    Section 3 of the Unfair Contract Terms Act 1977, which applies as between contracting parties where one "deals as consumer" to prevent the other from excluding or restricting any liability of his or hers for breach of contract, extends to contracts of employment, holds the High Court in Brigden v American Express Bank Ltd.

  • Date:
    15 September 1999
    Type:
    Employment law cases

    Breach of contract: Bank's wrongdoing constituted breach of trust and confidence term

    In Bank of Credit and Commerce International SA (in compulsory liquidation) v Ali and others (No.3), the High Court holds that BCCI's dishonest conduct was sufficiently serious to amount to a breach by the bank of the implied term of mutual trust and confidence in the contracts of employment of all its former employees.

  • Date:
    15 September 1999
    Type:
    Employment law cases

    Breach of contract: Employer was liable to make payment in lieu of notice without deduction for mitigation

    A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley.

  • Date:
    1 April 1999
    Type:
    Employment law cases

    Contracts of employment: Maximum 48-hour week is a statutorily implied term in all employment contracts

    In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.

  • Date:
    15 February 1999
    Type:
    Employment law cases

    Wrongful dismissal: Compensation for loss of chance to claim unfair dismissal

    Damages for wrongful dismissal may in principle include damages in respect of an employee's loss of the opportunity to bring an unfair dismissal complaint, holds the EAT in Raspin v United News Shops Ltd.

  • Date:
    15 January 1999
    Type:
    Employment law cases

    Contracts of employment: Changing terms of relocation loan destroyed mutual trust and confidence

    In French v Barclays Bank plc, the Court of Appeal holds that a detrimental change in the terms on which a bridging loan was made to an employee who had been requested to relocate was a breach of the implied term of his contract of employment that the employer would not act so as to destroy the trust and confidence existing as between the employer and him.

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