Welcome to the Canter Levin & Berg Employment Solutions Blog

compromise agreements and probably the world’s most expensive lunch

It is an often-heard maxim in contract law that a party cannot seek to claim the benefits of a contract which he has breached. While that is a rather simplistic statement and is, in practice, subject to numerous qualifications and exclusions, the decision of the High Court in Imam-Sadeque -v- Bluebay Asset Management (Services) Limited…

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A trivial comment or blasphemy?

In Heafield v Times Newspapers Limited an Employment Tribunal was concerned with the practical application of protection from religious discrimination. Mr Heafield worked as a sub-editor, proofing and finalising articles for publication in what was undoubtedly a high pressure environment. Stories would be given abbreviated names for quick reference. On the evening in question one…

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it’s not unusual…

It’s not unusual for there to be parallel proceedings in both the High Court and in the Employment Tribunal – for example, an unfair dismissal claim and a claim for breach of contract for a highly paid employee. In such circumstances, it’s usual for the tribunal case to be put on hold while the High…

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European Court of Justice judgment on timing of collective consultation obligations

In United States of America v Nolan, the European Court of Justice has confronted the combined forces of redundancy procedure and semantics. Perhaps overfaced with such a powerful combination it has declined to give a ruling in the long running saga of whether the USA was in breach of an obligation to inform and consult…

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with prejudice

In Gallop v Newport City Council the Employment Appeal Tribunal has held that an inadvertent disclosure while giving evidence that there had been “without prejudice” negotiations did not waive privilege, and a tribunal should not have taken them into account when assessing an award of compensation. The point came out of an unfair dismissal case…

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"something more" required to establish discrimination

In the 2007 case Madarassy v Nomura International the Court of Appeal remarked that: "The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal ‘could conclude’ that, on the balance of probabilities, the respondent had…

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more about settlement agreements and compensatory awards

Proposals regarding settlement agreements from earlier this year have been fleshed out in a new government paper. Avid readers will recall talk of “protected conversations” – these seem to have died a death for now. The Government’s response to consultation seems to accept that such a concept could add to the administrative burdens on employers…

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