repudiation
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Societe Generale, London Branch v Geys [2012] UKSC 63
Appeal concerning whether the claimant should receive higher bonus payments arising from termination of his employment. The central issue was whether the contract was terminated the day the employer informed the claimant, or at a later date. Appeal allowed by 4:1 majority, Lord Sumption dissenting.
- cases
20/12/2012 13:17
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Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch)
Judgment in a claim for breach of contract where the claimant had been demoted after posting a comment on his Facebook page concerning gay marriage. The claimant was found to have been wrongfully dismissed and was awarded damages accordingly.
- cases
19/11/2012 08:33
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Pat Systems v Neilly [2012] EWHC 2609 (QB)
Application to enforce a restrictive covenant, and counterclaim for wrongful dismissal, where the employee had been summarily dismissed after handing in his resignation on the grounds that he had repudiated his contract. The claim failed as the relevant clause was found to be unenforceable and therefore the counterclaim for wrongful dismissal succeeded.
- cases
01/10/2012 10:38
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Logan v Celyn House Ltd UKEAT/0069/12/JOJ
Appeal against a finding that the claimant had not been constructively unfairly dismissed. Appeal allowed and a finding of constructive dismissal was substituted.
- cases
03/09/2012 17:13
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Cavenagh v William Evans Limited [2012] EWCA Civ 697
Appeal against decision that an employer had been discharged from a responsibility to make a payment in lieu of notice where the claimant’s employment had been terminated but where an act of gross misconduct was subsequently discovered. The employer argued that the contract had been repudiated by the claimant and they had accepted the repudiation. Appeal allowed.
- cases
27/05/2012 12:23
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Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB)
Judgment arising from litigation where the claimant was seeking damages arising from, among other things, alleged breaches of restrictive covenants, use of confidential information, solicitation and inducement. The defendants counter-alleged that the claimant had made a repudiatory breach of their employment contracts. The claim was dismissed as the judge found that while there had been no repudiatory breach, the claimant had not proved any allegations of wrongful conduct.
- cases
18/02/2012 12:16
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Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2011] EWCA Civ 131
Appeal by original respondent against the rejection of the claimant brokers’ constructive dismissal claims and the dismissal of a Part 20 claim, in which allegations of inducement of breaches of contract were claimed. Appeal dismissed.
- cases
23/02/2011 17:00
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Wason & Wason v Holborn Community Association UKEAT/0263/10/DA
Appeal against a Tribunal’s ruling that the claimants' claims of unfair constructive dismissal could not be heard because they were out of time, and one of the claimants had not suffered race discrimination in relation to another job, but had instead been made redundant. Appeals dismissed and permission to appeal refused.
- cases
10/02/2011 14:35
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Constructive Dismissal – Shields and Swords
Sean Jones, of 11KBW, looks at causation in breach of contract claims in the light of the recent High Court decision in Tullett Prebon
- resources
02/12/2010 09:09
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Fayusi v Compass Contract Services (UK) Ltd UKEAT/0194/10/MW
Appeal against the Tribunal’s ruling that the claimant had not been unfairly constructively dismissed. Appeal succeeded.
- cases
24/09/2010 13:21
