Updated to include information on Hills v Niksun Inc, concerning the burden of proof in establishing if contractual discretion was exercised reasonably.
Capsticks Solicitors highlight some of the case law that NHS employers should take into account before referring to the loss of trust and confidence as a reason for dismissal.
David Rintoul, Lucy Sorell and Rachael Wake are associates, and John Bracken and Nancy Goldman-Edwards are trainee solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
The High Court has held that an employer breached its implied duty of trust and confidence towards an employee who was not allowed to be accompanied at a disciplinary investigation by his choice of companion.
David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.
David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In Vision Events (UK) Ltd v Paterson EAT/0015/13, the EAT in Scotland held by a majority that an employer was not obliged to pay an employee for accrued flexitime hours on termination as there had been no express term in the contract requiring payment and no such term could be implied.
The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.
David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to implied contractual terms.