Case Updates

We've set out all the latest employment law news so you have one handy source to keep right up to date. News about GQ and our recent press coverage can be found here.

Unsigned contract left at the bottom of a drawer....binding!

Mr Lacy worked for Northern Foods for many years before he left in 2012. He had a contract of employment from 8 April 2003 which contained no restrictive covenants. Read more...

Service provision change

Employment Appeal Tribunal confirms that the client for whom the activities are carried out needs to remain the same Read more...

Knight loses fight: contractual terms are king

Mr Knight was a mini-cab driver working with Fairway and Kenwood Car Service Ltd. There was an agreement between the parties which stated that Mr Knight was self-employed and provided that he would work on an “open-shift” system, which meant that Mr Knight could work “as and when [he] like[d]... [He had] the option to sign on and off any time that suit[ed] [him]”. He paid a weekly rent to Fairway and Kenwood even if he did not work. Read more...

Constructive dismissal – reason or principal reason

Overturning the decision of the Employment Tribunal, the Employment Appeal Tribunal has confirmed in the case of Logan v Celyn House Ltd that the principal reason for an employee’s resignation does not need to be a fundamental breach of the contract of employment in order for an employee to succeed in a claim of unfair constructive dismissal. Read more...

Annual leave: In sickness and in health

Another sickness case has recently found its way to the Court of Justice of the European Union. Read more...

Restrictions on restrictive covenants

The High Court recently provided some useful explanation on what the court will consider when deciding whether a restrictive covenant is enforceable. Read more...

No reduction in headcount necessary for redundancy

A recent EAT case looked at whether a redundancy could arise in a situation where there was no reduction in headcount. Read more...

Stressed employees don’t have to accept settlement offers

In a recent employment tribunal case, Mrs Konczak successfully sued BAE Systems for, amongst other things, disability-related dismissal. Importantly, the EAT stated that it was not unreasonable for a disabled employee to refuse a settlement offer, even where the ongoing litigation worsened the illness. Read more...

You say it best when you say nothing at all

The long awaited High Court ruling on a dispute between 104 London-based bankers and Dresdner Kleinwort (now part of Commerzbank) over a guaranteed minimum bonus pool of €400m has been issued. Read more...

Seldon v Clarkson Wright & Jakes - Still uncertainty for employers on compulsory retirement ages

The Supreme Court has given its decision in Seldon v Clarkson Wright and Jakes, but there is still no real clarity for employers on whether they can apply a compulsory retirement age. Read more...

Negligent misstatement

In McKie v Swindon College the employee successfully sued Swindon College for negligent misstatement. Read more...

TUPE - Common Sense Prevails

Smith and others v Trustees of Brooklands College related to a situation where, following a TUPE transfer, the employer and transferred employees agreed to change the contractual rates of pay. Read more...

Fiduciary duties

Samsung Semiconductor Europe Ltd v Docherty is another interesting case in relation to fiduciaries. Read more...

Unfair dismissal case allowed beyond the three month deadline

In John Lewis Partnership v Charman, the EAT allowed an unfair dismissal claim to be brought beyond the usual three month deadline. Read more...

Avoiding discrimination claims when making redundancies

Eversheds Legal Services Ltd v De Belin serves as a reminder of the dangers of trying to avoid discrimination claims from a particular class of employee when making redundancies. Read more...