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Brown & Anor v Neon Management Services Ltd & Anor

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

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 […]

Scicluna v Zippy Stitch Ltd & Ors

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

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 […]

Mbubaegbu v Homerton University Hospital

By |2019-12-24T16:04:23+00:00June 8th, 2018|Case of the Week - Blog, Unfair Dismissal|

Hello and welcome back to your weekly case law update.  Last week’s newsletter had features on the World Cup, dress code policies, the post-Brexit workforce and a barrister who was sacked for spanking. Prior to that, our most recent case law update concerned disability discrimination, unfair dismissal and a teacher who showed the film “Halloween” […]

Arnold Clark Automobiles Ltd v Spoor – Dismissed For Gross Misconduct

By |2019-12-27T17:02:51+00:00June 9th, 2017|Contributory Fault, Gross Misconduct, Unfair Dismissal|

Welcome back to your weekly update just what you need to cheer you up! The case we are discussing today shows the possible problems when common law and statute interact with gross misconduct. Particularly on the question of summary dismissal for gross misconduct. Summary dismissal is a common law concept which has evolved in the context […]

House of Fraser v Christofidou – Can inconsistent evidence amount to breach of trust?

By |2019-12-27T18:32:02+00:00March 4th, 2016|Contributory Fault, Polkey Deduction, Unfair Dismissal|

It’s that time of the week again. No. Not Friday. Case law update time! You might think last week’s newsletter celebrating the dawn of spring would lead to lighter, more cheerful cases. However, you thought wrong as this week’s case concerns theft, breach of trust, gross misconduct and eBay. Today’s question: Can inconsistent answers during a disciplinary […]

Leicester City FC, racism, family work relationships and social media.

By |2019-12-27T18:53:58+00:00June 5th, 2015|Gross Misconduct, Race Discrimination, Social Media and Work, Unfair Dismissal|

  Once again there are no new EAT judgments for us to write about, however, we have found another story that has made headlines this week which is an employment law conundrum. As some of you may be aware local football team Leicester City FC have been embroiled in scandal this week. Tabloid newspapers obtained […]

Edge v Viridor Waste

By |2019-12-25T16:16:15+00:00April 10th, 2015|Employment Tribunals, Unfair Dismissal|

  Welcome back, we hope you’ve all had a good Easter break and eaten (delete as appropriate) a healthy / unhealthy amount of chocolate. This week’s case, somewhat surprisingly went to the EAT after an employee was dismissed for lying about the extent of his medical condition to gain early medical retirement. There are two […]