• Robert Spicer

500 employment law cases

This major publishing project is nearing completion. It comprises 500 recent significant employment law cases, arranged in subject matter headings. The cases are set out, for example, as follows:

2. CONTRACT OF EMPLOYMENT

Confidential information

Duty of fidelity

2.001Case Brandeaux Advisers (UK) Ltd and others v Chadwick [2011] IRLR 224, QB

Facts C was employed by B Ltd. She developed workplace stress. She emailed large amounts of confidential material from the company to her private email address. When the company discovered this, she was dismissed for gross misconduct. The company brought proceedings for the delivery up of confidential information by C. It also claimed damages for breach of fiduciary duty.

Decision 1. C had breached her contract of employment by sending confidential material to her home address. She would be ordered to deliver up the material. The order had to be in a form which was appropriate to the electronic nature of the retention of the material. 2. C had not been justified in transferring documents to protect her own position in case a regulatory dispute arose. 3. B was entitled to dismiss C summarily. An employer can dismiss an employee for gross misconduct even if the employer is in breach of the contract. 4. B was not entitled to damages by way of repayment of C’s salary. B had had the benefit of C’s work for which it had agreed to pay.

CONTRACT OF EMPLOYMENT

Statement of particulars

Jurisdiction of employment tribunal

2,002 Case Southern Cross Healthcare Co Ltd v Perkins and others [2011] IRLR 247, CA

Statute reference Employment Rights Act 1996, ss.1, 11, 12

Facts P and others were employed by S. A dispute arose in relation to the contents of the written statement of particulars of their employment. The issue before the Court of Appeal was whether the employment tribunal had jurisdiction to interpret the terms and conditions contained or referred to in the written statement of particulars.

Decision 1. The tribunal did not have jurisdiction to interpret the statutory statement. 2. The tribunal could amend the statement to correspond with the contract of employment. 3. The only forum with jurisdiction in relation to the construction of the statutory written statement is the ordinary civil court.

The aim of the project, in general terms, is to provide lawyers and non-lawyers with access to summaries of the most recewnt case law devlopments in the field of employment law.

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