UK Employment Law Update - May 2014

23 May 2014

The world of employment law continues to throw up some interesting cases. Below are four worthy of note, along with the implications which may arise, which are hopefully of relevance to your work:


Tupe transfer after share purchase

In Jackson Lloyd and Mears v Smith and others, the EAT had to decide whether there was a TUPE transfer when one company (ML) had purchased 100% of the shares in a service company (JL) which was in severe financial difficulties; and ML’s parent company (MG) then embarked on a process of integrating the JL business and methods into those of MG.
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Unfair dismissal compensation

Deductions allowed

In Frith Accountants v Law, the EAT considered the case of an employee who had resigned and successfully claimed constructive dismissal. Her employer had been in repudiatory breach of the implied duty of trust and confidence by raising issues about her capability with her son rather than with her directly. However, there was evidence to show that she had become careless in her work and also resistant to criticism.

Should her compensation be reduced because of her conduct?
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To compel performance of an employment contract?

The case of Ashworth v Royal National Theatre was unusual in that the claimants were professional musicians working on the long-running play 'War Horse' and whose contracts were terminated when they were replaced by recorded music...

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Restrictive covenants

In agreement for sale of business goodwill 

In Merlin Financial Consultants v Cooper, the claimant company successfully claimed that a restrictive covenant was enforceable and was awarded compensation to cover lost revenue when the defendant employee had left the company and clients had followed him...

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UK Employment Law Update on Tuesday 10 June in London

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