Rounding off 2013, we look at three recent cases which we hope will be of interest to you.
Does not apply to provision of services for ‘single specific event’
In Swanbridge Hire & Sales v Butler (UKEAT/0056/13), the Respondents (Butler and colleagues) were employed by a contractor, Kitsons, on a project to insulate five boilers at a power plant. The plant owner, Kitsons' client, terminated Kitsons' contract partly because of delays in the project, and hired a new contractor, Swanbridge (the Appellant), to complete the project. At the time Swanbridge was hired, two of the five boilers still required cladding.
Was this a service provision change ("SPC") under TUPE? Read more>>
To enforce ‘garden leave’ clause
In J M Finn & Co v Holliday, the High Court considered the case of a Claimant whose contract provided for a 12 month notice period and allowed the employer to require him to be on ‘garden leave’ throughout the notice period.
Accordingly, when the Claimant resigned, he was put on garden leave, his security pass was taken from him and he was denied access to emails including daily email briefings about the financial and investment markets. The Claimant alleged that this was a repudiatory breach of contract which entitled him to regard himself as completely free of any contractual restrictions. The employer applied... Read more>>
PENALTY/UNFAIR DEDUCTION FROM WAGES
Is recouping recruitment expenses allowed?
In Cleeve Link v Bryla, the Claimant signed an employment contract agreeing that if she was dismissed for misconduct or left at her own request within the first six months, the employer could recoup any sums that had been spent on her recruitment and initial training from her final pay cheque.
She was summarily dismissed for misconduct after less than three months. The EAT held that the employer could recoup its costs as provided for in the contract.
S.13 of the Employment Rights Act 1996 states that... Read more>>