Contracts of employment

Successful internal appeal leads to automatic reinstatement

Where an employee successfully appeals against dismissal under a contractual appeal procedure this, in the absence of any contractual provision to the contrary, automatically revives the contract of employment, without the need for the employer to make a specific decision that the employee should be reinstated or even communicate that fact to the employee.
Salmon v Castlebeck Care
 

Deduction to repay training costs didn’t count for minimum wage purposes

A deduction made on termination in respect of repayment of training costs did not breach minimum wage law.
HM Revenue and Customs v Lorne Stewart plc
 

Imposing restrictive covenants part way through employment relationship

An employer’s attempt to enforce post-termination restrictions against a former employee failed because of the way it varied his contract to include the restrictions in the first place – it failed to provide what is called ‘consideration’.
Re-use Collections Ltd v Sendall and May Glass Recycling Ltd
 

Unilateral contract variation ‘accepted’ by continued working

An employee had impliedly accepted a variation of her contract by continuing to work, without expressly and specifically objecting to it, for nine years.
Wess v Science Museum Group
 

Keeping the contract alive: contractual notice and restrictive covenants

An employee who refused to work out his notice period and walked out on his employer because he had been offered a job by a competitor, was still employed and bound by covenants in his contract even though the employer no longer paid him.
Sunrise Brokers LLP v Rodgers
 

Oral assurance by HR officer didn’t trump specific contractual term

Specific contractual terms prevented an employee relying on a prior oral assurance that her salary would increase by annual increments subject to satisfactory performance and as such there was no breach of contract.
Equality and Human Rights Commission v Earle
 


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