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Taylor Wessing | United Kingdom | 17 Apr 2019

Suspending employees: why you should avoid a knee-jerk reaction

Faced with a Disciplinary complaint against an employee, an employer's first reaction is often to take what may be perceived as the fair approach…

Herrington Carmichael LLP | United Kingdom | 12 Apr 2019

Duty of Good Faith in Construction Contracts

The duty of good faith has no universally accepted meaning and what it means in a construction contract will depend on the contract in question and…

A&L Goodbody | Ireland, United Kingdom | 10 Apr 2019

‘Relational contracts’ and the implied duty of good faith

In the recent case of Bates v Post Office [2019] EWHC 606 (QB) (Bates) the English High Court found that an implied duty to act in good faith exists…

Hill Dickinson LLP | United Kingdom | 6 Mar 2019

Suspension of teacher accused of using unreasonable force was not a breach of implied term of trust and confidence

Did a school commit a repudiatory breach of the implied term of trust and confidence, when it suspended a teacher so that it could investigate her…

Arthur Cox LLP | Ireland | 6 Sep 2018

Shareholder oppression in quasi-partnerships

Oppression of a minority shareholder is often carried out through otherwise lawful actions of the majority in exercise of their strict legal rights…

Bird & Bird LLP | United Kingdom | 30 May 2018

EAT illustrates the dangers of unilateral salary cuts

Employers who unilaterally reduce an employee's contractual pay cannot rely on having 'reasonable and proper cause' to breach the implied term of…

Hill Dickinson LLP | United Kingdom | 15 May 2018

Should an employer delay its disciplinary process pending criminal charges?

The High Court has recently granted an injunction to a doctor to restrain his employer from proceeding with its internal disciplinary processes until…

Hill Dickinson LLP | United Kingdom | 1 May 2018

Court of Appeal clarifies approach in ‘final straw’ constructive unfair dismissal cases

In a judgment this morning in Kaur -v- Leeds Teaching Hospitals NHS Trust (the trust), the Court of Appeal has clarified the law on waiver of…

Addleshaw Goddard LLP | United Kingdom | 21 Dec 2017

Employment law review of the year 2017 - Employment contracts

Mobility clause was too widely drafted meaning that employees had not behaved unreasonably in refusing to move and subsequent dismissals were unfair:…

BDB Pitmans LLP | United Kingdom | 30 Nov 2017

Say it as it is: be sure to give the right reason for terminating employment

Giving a false or incorrect reason for terminating employment could: Breach mutual trust and confidence Release the employee from restrictive…
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