In Kaur v Leeds Teaching Hospitals NHS Trust , the Court of Appeal clarified the law relating to affirmation in relation to constructive dismissals where a claimant relies on a number of incidents to argue there was a cumulative breach of contract.
In this article, we revisit the case of The Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited  EWCA Civ 2196, following the appeal of a judgment on a preliminary issue: namely, whether there was a ‘cap’ on the level of damages that might accrue under a breach of contract … Continued
Suspending an employee to investigate disciplinary actions is usually thought of as a neutral act. However, this case demonstrates that it will not always be reasonable to suspend.
Lyons Davidson’s Property Insurance Litigation team is often asked to pursue claims against removal companies for damage caused to items that were in their control during the process of removals, transport or storage. This article is about claims arising from those circumstances; however, the points about bailment apply equally to other relevant situations. Legal bases … Continued
The scope of the Employment Tribunal’s jurisdiction to hear complex wages claims came to the fore in the recent decision of Jandu v Crane Legal Ltd . Mr Jandu, a solicitor, commenced a claim in the Employment Tribunal against his former employers, Crane Legal, claiming unfair dismissal, unlawful deduction of wages and breach of contract … Continued
Employers are under no obligation to give a reference to the new potential employer of a former employee. However, if the employer does agree to provide a reference, then they have a duty to both employee and recipient to try to ensure that the information given is true, accurate and fair. The employment reference must … Continued
Can an employee resign in response to the employer’s conduct and claim constructive unfair dismissal if they have committed gross misconduct or breached their contract of employment? The Employment Appeal Tribunal considered this point in Atkinson v Community Gateway Association, holding that the employee does not give up their right to resign just because they … Continued
Many employment contracts contain covenants that restrict an employee’s actions after the employment has come to an end (usually for a specified period of time). Restrictive covenants Examples of this type of clause include: Non-solicitation, which prevent ex-employees from soliciting the employer’s clients or customers; Non-dealing, which prevent ex-employees from dealing with the employer’s clients … Continued
The new football season is with us and already Paolo Di Canio has become the first Premier League manager to lose his job. With managers coming and going seemingly at the whims of oligarchs and other wealthy individuals, it can be difficult to see how the world of football management is compatible with UK employment … Continued