An employee’s failure to return to work after her maternity leave amounted to acceptance of a repudiatory breach for the purposes of an unfair constructive dismissal claim.
Contracts of employment
The ECJ has held that a courier appeared to have been correctly classified as self- employed rather than as a worker, given his independence and the lack of subordination.
An employee was rightly compensated for loss of entitlement to benefits under a PHI policy when he was unable to ‘return to work’ following sickness absence. The ‘return to work’ was a return to the work he had been doing when he went off sick, not a return to any work.
A suspended employee successfully obtained an injunction against her employer allowing her to resume most of her duties because there was no justification to restrict such duties.
A delivery courier was a ‘worker’ despite his agreement containing what purported to be a substitution clause.
There is no implied term that salary details are confidential.
Suspending an employee accused of gross misconduct breached the implied term of trust and confidence leading to an unfair constructive dismissal and if an employer wants to argue that the employee has been dismissed for a fair reason, they must specifically set this out in their defence.
An employee had accepted, by her subsequent conduct, collectively agreed changes to pay and holiday arrangements that had been in place for several years.
While at first blush a post-termination restriction was too broad and therefore unenforceable, the offending words in the clause could be removed to render the remainder of the clause enforceable.
An employer does not usually need to wait for the conclusion of criminal proceedings before starting or continuing with internal disciplinary proceedings.
An employee with at least one month’s - but less than two months’ - continuous employment had a right to a written statement of employment particulars.
Drivers for Uber are ‘workers’ and not self-employed according to a majority judgment from the Court of Appeal.
The right to statutory recognition of a union under art. 11 of the European Convention on Human Rights (ECHR) does not apply to delivery drivers who had specifically found not to be workers as they had a genuine right of substitution which had been exercised.
Three drivers for a taxi and courier company were ‘workers’ and not independent contractors.
An employee’s letter giving ‘notice’ wasn’t an unambiguous resignation.
An employer wanting to vary an employment contract to incorporate more onerous post-termination restrictive covenants must ensure it has evidence of valid consideration for the change and should always obtain proof of agreement from the employee; ideally in the form of signature.
When an employee resigns and claims wrongful dismissal (not constructive dismissal), but does so on notice, where there is a lengthy notice period, they have affirmed the contract and so lost the ability to claim wrongful dismissal. However, if further breaches occur after affirmation, they are entitled to count the earlier affirmed breaches and claim that cumulatively they have caused the employee to resign without notice. Their restrictive covenants also do not apply.
Is a zero-hours contract employee entitled to pay whilst they are suspended and thus not working any hours?
Where there is a genuine entitlement to summarily dismiss, an employee cannot rely on the deeming provisions in the Employment Rights Act to get to two years’ qualifying service.
Where there was no obligation to provide or accept work, and the other features of the relationship were not inconsistent with this, there was no contract of employment.
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