Contracts of employment

Contractual notice runs from the day after it’s given

Unless the contract of employment states or can be construed otherwise, contractual notice, whether or oral or written, runs from the day after notice is given.
Wang v University of Keele
 

Transfer of confidential information to employee's home e-mail

In a decision that will be welcomed by many employers, the High Court has confirmed that an employee was in repudiatory breach of contract when she transferred confidential information to her private e-mail address. The High Court doubted whether possible litigation with an employer could ever justify an employee transferring or copying confidential documents.
Brandeaux Advisers (UK) Ltd v Chadwick
 

Variation of contract could not be implied to enable lay off without pay

An employer failed in its attempt to vary an employee’s terms and conditions where the change did not impact on the employee immediately and was not expressly drawn to his attention. The fact that the employee continued working under the new terms was irrelevant because he could not be said to have accepted the variation to his contract.
Morgan v Network Europe Group Ltd
 

National minimum wage and ‘on-call’ time

Employees with set hours who also had to be ‘on call’ for further hours must be paid the National Minimum Wage for those on-call hours during which they are awake, but they weren't entitled to the NMW for the ‘on-call’ hours during which they were asleep.
South Manchester Abbeyfield Association v Hopkins
 

Bonus was excluded from payment in lieu of notice

An employee was not entitled to a guaranteed bonus where his employer paid him in lieu of notice just days before his bonus became due, because the bonus clause required the employee to be in employment to receive the bonus.
Locke v Candy and Candy Ltd
 

Performance-related bonus lawfully withheld

An employer did not breach an employee’s contract when it decided not to award him a discretionary performance-related bonus. Whether the employee’s performance was sufficiently ‘satisfactory’ to deserve a bonus was solely for the employer to decide - and the only grounds on which the employee could challenge the decision were if it was irrational or perverse.
Humphreys v Norilsk Nickel International (UK) Ltd
 


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