Shielding Employees Refusing to Work, Statutory Sick Pay Furlough

Where shielding employees can work from home, they should. Where they can’t, government advice is that they should not attend work. Employees who are shielding can be furloughed to mitigate the financial impact on them of having to shield (subject to meeting the qualifying rules of the furlough scheme). Under the furlough rules, employers are [...]

Quayum v Firstsource Solutions (UK) Ltd

  The questions this week are: Is an employer’s reasonable belief of a breach of contract enough to defend a wrongful dismissal claim? Is it ever sensible to defend a claim to tribunal over one week’s notice pay? Mr Quayum, the Claimant, commenced employment with Firstsource Solution, the Respondent, as a customer experience adviser. The [...]

By |2020-04-24T09:42:53+00:00April 24th, 2020|Breach of Contract, Case of the Week - Blog|0 Comments

Antuzis v DJ Houghton Catching Services Ltd & Ors.

This week we are looking at Director’s personal liability. This is an issue we covered previously in the case of Timis & Sage v Osipov. That case found Directors could be liable for whistleblowing awards. In this case, the question is: Can Directors be liable for breaches of an employee’s contract of employment? Mr Antuzis […]

By |2019-12-30T11:32:33+00:00April 11th, 2019|Breach of Contract, Case of the Week - Blog|0 Comments

Brown & Anor v Neon Management Services Ltd & Anor

This week we are once again looking at covenants (groans) but this time through the lens of wrongful dismissal. The question this week is: Can an employer enforce post-termination restrictions against an employee who has been wrongfully dismissed? Can the length of a notice period affirm a breach of contract? The Claimants, Mr Brown, Ms […]

By |2019-12-30T11:33:17+00:00February 25th, 2019|Breach of Contract, Restictive Covenants|0 Comments

Richmond v Selecta Systems Ltd

Good morning and welcome back to your weekly case law update. Last week’s case was yet another employment status case concerning domestic carers. This week, to the delight of many readers, we move away from employment status and into the realm of High Court contract and negligence claims. Today’s case is a breach of contract […]

By |2019-12-30T11:34:29+00:00January 24th, 2019|Breach of Contract, Case of the Week - Blog|0 Comments

Scicluna v Zippy Stitch Ltd & Ors

Good morning and welcome back to your weekly case law update. Last week we looked at unfair and wrongful dismissal, this week we have two cases. One will be looking at unlawful deductions from wages and the other is the Supreme Court ruling in the gig economy/employment status case of Pimlico Plumbers. Section 13 of […]

By |2019-12-30T11:47:21+00:00June 14th, 2018|Breach of Contract, Contract of Employment, Pay|0 Comments

Wright v Silverline Care Caledonia Ltd – Can a Claimant who has been found to be unfairly constructively dismissed be denied compensation for declining an offer of re-employment from the Respondent?

Our next case is thankfully not as gruesome as the first and concerns constructive dismissal and mitigation of losses. Under Section 123(4) Employment Rights Act 1996, Claimants have a duty to mitigate their losses in unfair dismissal claims and a failure to do so will reduce the compensatory award. This includes looking for work, not […]

Gibbs v Leeds United Football Club: Can a perceived demotion amount to breach of contract?

Welcome back, to your weekly case law update. Last week we had three cases for you covering Early Conciliation, sexual orientation discrimination and gross misconduct. We also had a piece on the recent British cycling allegations concerning discrimination and harassment. Today’s question: Can a perceived demotion amount to breach of contract? This week’s case is […]

By |2019-12-30T12:01:18+00:00May 13th, 2016|Breach of Contract, Constructive Dismissal|0 Comments

National Minumum Wage – Breach of Contract or Deduction from Wages?

  The EAT have held in BLACKFORD FARMS LTD v MR C MULQUEENEY that a failure to pay the NMW can be brought as a breach of contract claim or as a deduction from wages claim. This confirms that employers’ liability for such claims could date back as far as 6 years rather than the three […]