The EAT has provided some general guidance about the factors that employment tribunals are entitled to take into account when considering the effect of valid warnings on the fairness of a conduct dismissal. For example, where a warning is valid:…
A high profile Court of Appeal decision underlines the need for businesses to ensure that any compromise agreements they enter into are carefully drafted. The court overturned a High Court decision that an indemnity in a compromise agreement, to pay…
A senior employee who admitted directing ‘bar room’ language towards a colleague was unfairly dismissed because the termination of his employment was not within the reasonable range of responses open to his employer. However, the employee’s own contributory fault will…
In a ruling which reveals that even employers as large at British Telecommunications plc (BT) can slip up when it comes to understanding the impact of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the company has been landed…
In a ruling which underlines the vital importance of strict compliance with the letter of severance agreements, a senior investment manager has forfeited his right to £1.7 million in share options after the High Court found that he had breached…
The Court of Appeal has confirmed that there will be no service provision change for the purposes of second-generation outsourcing where the activities carried out by different contractors before and after the change are not for the same client. This…
Two recent cases concerning the use of social media by employees highlight the importance for employers of having a clear policy on the use of such public forums by their employees. The High Court has held that a Christian employee…
Two recent High Court decisions underline the importance for businesses of reviewing the restrictive covenants in an employee's contract when they are promoted and making sure the employee signs and returns the new contract. In the first case, the employee's…
In an important test case, the Court of Appeal has been asked to decide whether the test of ‘proportionality’ laid down by the European Convention on Human Rights (ECHR) should be applied to unfair dismissal cases (Turner v East Midlands…
An employment contract which was retained and not signed by the relevant worker remains valid for the purposes of enforcing restrictive covenants contained within it, a High Court judge has ruled. Benefits received by the worker under the terms of…
