All items: Breach of contract

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  (1) Duncombe and others (2) Fletcher v Secretary of State for Children, Schools and Families [2010] IRLR 331 CA (1 report relating to this case)

  • (1) Duncombe and others (2) Fletcher v Secretary of State for Children, Schools and Families

    Date:

    27 January 2010

    The Court of Appeal has held that an employee who was employed under a series of fixed-term contracts and whose contract was terminated could bring a claim of unfair dismissal despite the fact that he was employed to work outside Great Britain. Territorial limitations to unfair dismissal rights should be modified where necessary to enable a right emanating from European law to be enforced.

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  (1) Reed and (2) Bull Information Systems Ltd v Stedman [1999] IRLR 299 EAT (2 reports relating to this case)

  • Subjective test for harassment

    Date:

    1 July 1999

    In Reed and Bull Information Systems Ltd v Stedman (11 February 1999) EOR86B, the EAT provides general guidance on the correct approach to sexual harassment cases.

  • Sex discrimination: How tribunals should approach sexual harassment complaints

    Date:

    1 May 1999

    In Reed and another v Stedman, the EAT gives employment tribunals general guidance as to how they should approach complaints of sexual harassment at work. According to the EAT, sexual harassment is essentially words or conduct of a sexual nature which are unwelcome to the recipient.

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  A v Company B Ltd [1997] IRLR 405 HC (1 report relating to this case)

  • Disciplinary procedures: Employer ordered to disclose informant's identity

    Date:

    15 September 1997

    In A v Company B Ltd, the High Court grants an order for discovery against a company which summarily dismissed a senior employee for gross misconduct upon the allegations of an informant, without disclosing either the specific allegations made against the employee or the identity of the informant.

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  Abrahams v Performing Rights Society [1995] IRLR 486 CA (1 report relating to this case)

  • Contracts of employment: Contractual entitlement to payment in lieu of notice

    Date:

    1 September 1995

    In Abrahams v The Performing Right Society Ltd, it is held that there is no duty to mitigate where an employment contract provides for termination on payment of a sum in lieu of notice.

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  Adams and others v British Airways plc [1995] IRLR 577 HC (1 report relating to this case)

  • Contracts of employment: Airline breached pilots' seniority rights

    Date:

    1 January 1996

    In Adams and others v British Airways plc, the High Court holds that British Airways breached the contracts of employment of some of its pilots when, following a takeover of another airline, it granted that airline's pilots seniority according to their service with their former employer, and above its own pilots.

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  Adams and others v British Airways plc [1996] IRLR 574 CA (1 report relating to this case)

  • Contracts of employment: Collectively agreed seniority provision did not apply on merger

    Date:

    15 August 1996

    In Adams and others v British Airways plc, the Court of Appeal holds that a collective agreement incorporated into the individual contracts of employment of pilots recruited by British Airways - which provided that all "new entrants" joining BA as pilots would be put at the bottom of its seniority list - did not apply on the merger of BA with another major airline.

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  Adesokan v Sainsbury’s Supermarkets Ltd [2017] IRLR 346 CA (2 reports relating to this case)

  • Summary dismissal: Negligent failure to act amounted to gross misconduct

    Date:

    30 March 2017

    In Adesokan v Sainsbury's Supermarkets Ltd [2017] IRLR 346 CA, the Court of Appeal held that an employee's negligent failure to act constituted gross misconduct justifying summary dismissal.

  • Single act of negligent omission amounted to gross misconduct

    Date:

    2 February 2017

    The Court of Appeal has held that an employee's failure to take action to remedy a situation was a serious dereliction of his duty that amounted to gross misconduct.

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  Adin v Sedco Forex International Resources Ltd [1997] IRLR 280 CS (1 report relating to this case)

  • Adin v Sedco Forex International Resources Ltd

    Date:

    1 May 1997

    In Adin v Sedco Forex International Resources Ltd [1997] IRLR 280 CS, the Court of Session held that if an employer provides sickness benefits it will be a breach of contract to dismiss an employee on grounds of ill health while he or she has sickness benefit outstanding.

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  Agoreyo v London Borough of Lambeth [2017] EWHC 2019 HC (2 reports relating to this case)

  • Constructive dismissal: Suspension was breach of implied term of mutual trust and confidence

    Date:

    31 January 2018

    In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 HC, the High Court held that a teacher was constructively dismissed when she resigned in response to a knee-jerk suspension. In the circumstances of the case, the suspension had been a breach of the implied term of mutual trust and confidence entitling the employee to resign without notice.

  • Breach of contract: Suspension is not a neutral act or default position

    Date:

    24 August 2017

    The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.

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  Ahmad v Inner London Education Authority [1977] ICR 490 CA (1 report relating to this case)

  • Ahmad v Inner London Education Authority

    Date:

    31 December 1977

    In Ahmad v Inner London Education Authority [1977] ICR 490 CA, the Court of Appeal held that the right to freedom of thought, conscience and religion established by Article 9 of the European Convention on Human Rights does not entitle an employee to be absent from work for the purpose of religious worship in breach of contract.