Tag Archives: high court

No going back – rejection of promotion offer not a failure to mitigate

Gibbs -v- Leeds United Football Club concerned the former Assistant Manager of the Club who took his £330,000 constructive dismissal claim to the High Court so as to sidestep the compensation ceiling in the Employment Tribunal. Having fairly easily established the fundamental breach of contract necessary to win his claim against Leeds, Mr Gibbs then … Continue Reading

Not unreasonable, not perfect – UK Court of Appeal guidance on disciplinary process

Some generally reassuring guidance for employers from the Court of Appeal this month concerning the level of certainty required to legitimise the starting of formal disciplinary proceedings.   Dr Mian worked at Coventry University when accused of complicity in the provision of falsely favourable references for a former colleague.  A preliminary investigation was carried out by … Continue Reading

No help from UK Courts for “absurd” non-competition covenant – over to you, employers

A strong message to employers from the Court of Appeal this week to check your restrictive covenants, but this time to do it properly.  None of that just casting an idle eye over the relevant page of your executive’s contracts – description of territory, tick; vague reference to competition, tick; not wholly fanciful restraint periods, … Continue Reading

Keeping it in the family – UK High Court imposes 12 month restraint on father and son team

Sometimes it must be tough being a High Court Judge, especially where you have to separate your distaste for a party’s ethics from the actual legal merits of his case.  So hats off to Mrs Justice Simler for combining in Croesus Financial Services Limited –v- Bradshaw & Bradshaw last week a fairly gleeful trashing of … Continue Reading
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