Contracts of employment

Award of four weeks’ pay for lack of written particulars

Where a large employer simply provided unhelpful documentation to its employees but didn’t provide a written statement of employment particulars, a maximum award of four weeks’ pay was justified.
Costco Wholesale UK v Newfield
 

Enhanced redundancy payments and 'custom and practice'

The Court of Appeal has provided some helpful guidance on when contractual rights concerning enhanced redundancy benefits may arise through custom and practice.
Park Cakes Ltd v Shumba
 

Preparing to compete while still employed and confidential information

An employer has been granted an injunction where its former employees used confidential information (including LinkedIn contacts) to go into competition with it, having taken steps to compete whilst they were still employees.
Whitmar Publications v Gamage
 

Guaranteed bonuses: be careful what you promise

An employer’s announcement to staff of a guaranteed minimum bonus pool of €400m to be allocated on a discretionary basis, subject only to assessment of individual performance, gave rise to a contractual obligation to pay bonuses on that basis - the verbal announcement was sufficiently clear and had been intended to create legally enforceable obligations. 

Dresdner Kleinwort Ltd and Commerzbank AG v Attrill
 

Contractually binding enhanced redundancy payments

Provisions from a policy in an employee handbook could be incorporated into employees’ contracts and give rise to a contractual liability to pay enhanced redundancy payments.
Allen v TRW Systems Ltd
 

Worker who took economic risk and was paid by third party was not an employee

The Court of Appeal has held that a lap dancer working at Stringfellows night club was a contractor and not an employee of the club. The employer was under no obligation to pay the dancer anything at all; she negotiated her own fees with clients and took all the economic risk.
Stringfellows Restaurants Ltd v Quashie
 


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