Fri07282017

Last updateTue, 24 Feb 2015 5pm

Bryan Cave LLP

Bryan Cave LLP

Robert Bell delivers the prognosis for public procurement rules after Brexit

Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase ‘Well here’s another nice mess you’ve gotten me into’.

Gary Freer examines a case in which the employer dismissed a senior manager for misconduct only after actively looking for a pretext to do so

In Williams v Leeds United Football Club [2015], a High Court judge (Lewis J) considered whether circulating pornography by email justified summary dismissal. An interesting aspect of the decision was that the evidence of misconduct was unearthed during a trawl by the employer for evidence which might give grounds for dismissal after it had already decided to dismiss the employee come what may. Did that make a difference?

Gary Freer examines a recent case in which the court awarded gain-based damages for breach of employees’ restrictive covenants

In claims for damages for breach of restrictive covenants in employment contracts, claimants routinely plead, as an alternative case, for ‘gain-based’, ‘release payment’ or ‘Wrotham Park’ damages. One Step (Support) Ltd v Morris-Gardner [2014] is a recent and interesting example of a case in which such damages were ordered to be paid – indeed, the trial judge, Phillips J, described it as ‘a prime example of a case in which they should be awarded’.

Gary Freer considers a recent High Court ruling on whether a 12-month garden leave clause was reasonable

Those familiar with the short novel Candide by Voltaire – once a staple of A-level French courses – may remember that after many travels and experiences around the globe the eponymous hero, his relentless optimism dimmed by what he had seen and heard, concluded that the truly wise man should stay at home and cultivate his garden.

Gary Freer looks at two recent cases that have revisited the issue of when redundant employees have a legal right to additional benefits and when this is a matter for the employer’s discretion

In recent decisions, the Court of Appeal and Employment Appeal Tribunal (EAT) have modified the guidelines for tribunals on when, in the absence of express agreement, an enhanced redundancy payment policy becomes a contractual entitlement.