Changing Staff Handbook Terms

Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on

Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about this, and the dismissal was the… Read on

Bonus payments discretionary

In the case of Brogden v Investec Bank, the High Court considered whether the amount of a bonus pool was discretionary, meaning that Investec was required to act in good faith in calculating it. The bankers in question had received… Read on

Did employee’s contract breach exonerate employers of theirs?

Could an employee’s own breach stop them from claiming against the employer? No, according to the Employment Appeal Tribunal in the recent case of Atkinson v. Community Gateway Association. Background Mr Atkinson wanted to bring a claim of constructive dismissal… Read on

What does “without prejudice” mean?

Discussions between an employer and an employee are “without prejudice” where the discussion is with a view to settling an existing claim. This means that, where there is an Employment Tribunal claim, or a dispute that might lead… Read on

Damages for misleading email about ex-employee

The High Court has decided that an email about an ex-employee, sent six years after he had left, and not given as a reference, could still give rise to a damages claim. The HR Director at the employee’s previous employer,… Read on