EAT CONTRACT OF EMPLOYMENT
Construction of term
The Employment Tribunal erred in construing the terms and conditions of employment as permitting the employer to transfer the employee to another location, providing it was reasonable to do so.
[2009] UKEAT 0410 – 08 – 1908, [2009] ICR 1563, [2009] IRLR 972
Bailii
Transfer of Undertakings (Protection of Employment) Regulations 2006
England and Wales
Citing:
Cited – United Bank Ltd v Akhtar EAT 12-Oct-1989
Appeal against finding of unfair dismissal.
Held: An express mobility clause can be subject to an implied restriction as to reasonable notice. . .
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
Cited – Morris Angel and Son Ltd v Hollande CA 1993
The managing director of a Group of companies agreed a covenant in restraint of trade in his service contract. For one year after ceasing to be so employed he would not do business ‘With any firm or company who has at any time during the one year . .
Cited – Mitie Managed Services Ltd v French and others EAT 12-Apr-2002
. .
Cited – Unicorn Consultancy Services Ltd v M C Westbrook and 17 others EAT 16-Sep-1999
EAT Transfer of Undertakings – Transfer
EAT Transfer of Undertakings – Transfer. . .
Cited – Merckx and Neuhuys v Ford Motors Company Belgium (Rec 1996,p I-1253) (Judgment) ECJ 7-Mar-1996
Salesmen were transferred to a new dealership at a different workplace without any guarantee as to client base or sales figures, so that there was potential for an adverse impact on commission.
Held: All these components were ‘working . .
Cited – Sinclair Roche and Temperley and others v Heard and Another EAT 22-Jul-2004
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 November 2021; Ref: scu.372869