Category: contract of employment

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Posted June 2nd, 2008 in contract of employment, law reports, self-employment, unfair dismissal by sally

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

GAB Robins (UK) Ltd v Triggs – Times Law Reports

Posted March 5th, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs

Court of Appeal

“In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach could not be claimed in unfair dismissal proceedings before an industrial tribunal and had to be sought in separate common law proceedings.”

The Times, 5th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

GAB Robins (UK) Ltd v Triggs – WLR Daily

Posted January 31st, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs [2008] EWCA Civ 17; [2008] WLR (D) 17

“An employee who had been constructively dismissed was not entitled in proceedings for unfair dismissal to claim damages for the consequences prior to the dismissal of the employer’s repudiatory breach of the employment contract. It was the employee’s acceptance, by her resignation, of the employer’s repudiation of the contract which caused the dismissal, not the repudiatory conduct itself.”

WLR Daily, 30th January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Leeds United Association Football Club Ltd – Times Law Reports

Posted September 4th, 2007 in contract of employment, damages, dismissal, insolvency, law reports by sally

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barnetson v. Framlington Group Ltd. and Another – Times Law Reports

Posted June 11th, 2007 in contract of employment, law reports, privilege by sally

Extent of without-prejudice  privilege before dispute

Barnetson v. Framlington Group Ltd. and Another 

Court of Appeal

“When considering whether evidence of prelitigation disputes between the parties should be excluded under without-prejudice privilege, the critical feature of proximity to the litigation was the subject matter of the dispute rather than how long before the threat or start of litigation the matter was aired in negotiations between the parties.”

The Times, 11th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Framlington Group Ltd. and another v. Barnetson – WLR Daily

Posted May 25th, 2007 in contract of employment, law reports, privilege by sally

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

WLR Daily, 24th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.