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Case Law

Morris-Garner and another (Appellants) v One Step (Support) Ltd (Respondent) [2018]

Case reference:UKSC.20   The case arose from the sale of a business by the appellants to the respondents. Various restrictive covenants were established and the appellants subsequently created a new company which began competing with the respondent. At trial, the appellants were found to have breached the covenants. Damage...
This article is listed under the following topics:
Contracts of Employment
Case Law

Abrahall & Ors v Nottingham City Council & Anor [2018]

Case reference:EWCA.Civ.796   This case concerns the variation of contractual terms and whether, by continuing to work, the claimants accepted the changes imposed, namely a two-year freeze on their pay. The Court of Appeal was posed with the question of whether there was a contractual right to incremental pay progression; and ...
Case Law

Newcastle upon Tyne Hospitals NHS Foundation Trust (Appellant) v Haywood (Respondent) [2018]

Case reference:UKSC.22.   In this case the Supreme Court held by a majority that in the absence of an express contractual provision, a written notice of termination served by an employer does not take effect until the employee has read it or had a reasonable opportunity of doing so. Mrs Haywood worked for the NHS Trust for ...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment
Case Law

McGavigan v Western Urgent Care [2018]

The claimant worked as a receptionist and porter. He was contractually required to work a certain number of basic hours per month and was further entitled to receive pay enhancements for working unsocial hours. The respondent failed to increase the claimant’s hourly rate of pay as it was required t...
Case Law

Finvola McMullan v Kian Lee T/A China Garden & Others [2018]

Case reference:2803/17IT.3075/17IT   The claimant commenced her employment with the respondent Chinese takeaway business in August 2013. She never received a contract of employment or written statement of particulars. Initially, she worked 39 hours per week until September 2015. She varied her hours by agreement with the respondents s...
Case Law

Giuseppa Santoro v Comune di Valderice, Presidenza del Consiglio dei Ministri [2018]

Case reference:Case.C-494/16.CJEU   From 1996 to 2002, Ms Santoro worked as a provider of socially useful services for the municipality of Valderice. She was then employed by that municipality under a continuous and coordinated contractual relationship until the end of 2010. On 4 October 2010 she entered into a part-time contract of ...
This article is listed under the following topics:
Contracts of Employment
Case Law

Kocur v Royal Mail Group [2018]

Case reference:UKEAT.0181_17_2302   The claimant was an agency worker and was supplied to the respondent through a third-party agency. After 12 weeks working he became entitled to ’12 week rights’ i.e. the same basic pay and working conditions as permanent employees. He argued that for each eight-hour night shift he was given a one h...
Case Law

Hannah McAllister v Raymond Carberry and Ursula Carberry, t/a Café Carberry [2018]

Case reference:2820/17   The claimant was employed by the respondent café. On one of her shifts she was seen on CCTV taking a bottle of juice from a refrigerator while leaving the café premises. Upon returning the claimant began cleaning up without paying for the juice. Almost immediately after this the respondent confront...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Reilly v Sandwell Metropolitan Borough Council [2018]

Case reference:UKSC.16   The claimant was headteacher at a school maintained by the respondent. She was dismissed after she failed to disclose that she had a close friendship with a convicted sex offender. The respondent decided that the failure amounted to a serious breach of an implied term of the contract of employment...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Valerie Beattie v Charis Cancer Care Limited & Friends of Charis Limited [2018]

Case reference:CASE.REF:.1549/17   The claimant worked as a volunteer for the respondent charity and claimed constructive dismissal. She was the main driver behind the establishment of a shop outlet and indeed it was she who found the premises and negotiated with its owner to rent it to the charity. Much of the claimant’s case was b...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment