Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed?
In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more
Collective Redundancies: What Is an “Undertaking Controlling the Employer?”
In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more
Did a Temporary Break in Activities Prevent the Transfer of an Undertaking?
In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...more
A Year on: The Continued Rise of Employment Tribunal Claims -
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer.
A primary school...more
In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale.
Mr Berry was a senior executive at ICAP...more
In Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054 the Court of Appeal examined the enforceability of a non-compete covenant.
Ms Tillman was the global co-head of financial services at Egon Zehnder Ltd (EZ), a professional...more
In the case of MPT Group Limited v Peel [2017] EWHC 1222 (Ch), the High Court examined whether departing employees were required to disclose their intention to compete after the expiry of their restrictive covenants.
The...more
In Green v SIG Trading Ltd [2017] UKEAT 0282_16_2405 the Employment Appeal Tribunal (EAT) examined the test for determining whether a U.K. Employment Tribunal had jurisdiction to hear statutory U.K. employment claims brought...more
In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect.
Ms Haywood’s employment became at risk of redundancy...more
The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more
In R (Hottak and another) v The Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438, the Court of Appeal considered the territorial reach of U.K. discrimination legislation.
The claimants were two...more
In Gibbs v Leeds United Football Club Ltd [2016] EWHC 960 (QB), the High Court considered whether changes to an employee’s duties amounted to a fundamental breach of contract entitling him to bring a claim for constructive...more
In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties.
The Employment Tribunal...more
In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more
3/1/2016
/ Breach of Contract ,
Citibank ,
Confidential Information ,
Employment Contract ,
Employment Tribunals ,
Fiduciary Duty ,
Foreign Exchanges ,
Hiring & Firing ,
Information Sharing ,
Internal Investigations ,
UK ,
Unfair Dismissal
In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer.
Mr Layton was employed as...more
In Farnan v Sunderland Association Football Club [2015] EWHC 3759 (QB), the High Court considered whether breaches of confidentiality could amount to gross misconduct justifying dismissing an employee without notice....more
In Pujante Rivera v Gestora Clubs Dir SL and another (C-422/14), the European Court of Justice (ECJ) considered whether a resignation resulting from an employer’s unilateral change to an employee’s contract of employment...more
In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more
On 10 January 2015, new rules came into force under which an EU-based employee can now bring proceedings arising out of their employment contract against their non-EU employer, even if that employer has no presence in the EU....more
In Re-use Collections Limited v Sendall & May Glass Recycling Limited 2014 EWHC 3852, the High Court considered the enforceability of restrictive covenants introduced during the course of employment and in respect of which no...more
In Wess v Science Museum Group UKEAT/0120/14/DM, the Employment Appeal Tribunal (EAT) considered whether an employee had impliedly accepted a variation of her contract of employment by continuing to work for 9 years, without...more
In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a constructive dismissal claim...more
In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more
In Cockram v Air Products Limited UKEAT/0038/14, the Employment Appeal Tribunal (EAT) held that an employee had lost the right to claim constructive dismissal because he had given his employer a much longer notice period than...more