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Contracts of employment

New and updated

  • Date:
    22 July 2008
    Type:
    Employment law cases

    Case of the week: Garden leave

    This week's case of the week, provided by DLA Piper, covers garden leave.

  • Date:
    27 June 2008
    Type:
    Employment law cases

    Contracts of employment: Contract not rendered illegal where no misrepresentation of the facts

    In Enfield Technical Services Ltd v Payne; BF Components Ltd v Grace [2008] EWCA Civ 393, the Court of Appeal held that a genuine error in the categorisation of employment status will not be enough to establish illegality where there has been no express or implied misrepresentation of the facts of the working arrangements.

  • Date:
    1 April 2008
    Type:
    Employment law cases

    Case of the week: Varying contracts of employment

    This week's case of the week, provided by DLA Piper, covers varying contracts of employment.

  • Date:
    27 February 2008
    Type:
    Employment law cases

    TUPE case law update

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Date:
    29 January 2008
    Type:
    Employment law cases

    Transfer of undertakings: Employee could enforce beneficial variation connected with TUPE transfer

    In Regent Security Services Ltd v Power [2007] EWCA Civ 1188 CA, the Court of Appeal held that an employee transferred under the 1981 TUPE Regulations could choose to enforce new, more beneficial terms agreed with the transferee, even where the variation was connected with the transfer.

  • Date:
    11 January 2008
    Type:
    Employment law cases

    Transfer of undertakings: TUPE confers no additional rights on employees

    In Jackson v Computershare Investor Services plc [2007] EWCA Civ 1065, the Court of Appeal ruled that the provision in the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her original contract.

  • Date:
    23 November 2007
    Type:
    Employment law cases

    New ISG Ltd v Vernon and others

    The High Court has held that an employee's resignation two days after he had been informed that he was being transferred was a valid objection to the transfer.

  • Date:
    16 October 2007
    Type:
    Employment law cases

    Contracts of employment: Contract rendered illegal only where facts misrepresented

    In Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd EAT/0644/06, the EAT holds that the contracts of employment were not tainted by illegality because, although the parties had wrongly characterised them as contracts of self-employment, in neither case had the parties misrepresented to the authorities the facts of their relationship.

  • Date:
    14 September 2007
    Type:
    Employment law cases

    Continuity of employment: Casual worker's continuity not broken by holiday

    In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

  • Date:
    4 September 2007
    Type:
    Employment law cases

    Variation of contract terms: The variation of a car allowance scheme should have been accompanied by transitional protection

    In Wetherill & Ors v Birmingham City Council [2007] EWCA Civ 599 the Court of Appeal held that a local authority was entitled to vary a car allowance scheme unilaterally, but was in breach of contract by failing to provide adequate transitional protection for affected employees.

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HR and legal information and guidance relating to contracts of employment.