Welcome to the Canter Levin & Berg Employment Solutions Blog

new employment with the same employer or continuous employment throughout?

Welton v Deluxe Retail (t/a Madhouse) is a case concerning continuity of employment for the purposes of calculating qualifying service for statutory employment rights. Under these provisions, any week when the employee’s relations with his or her employer are “governed by a contract of employment” will count towards continuous employment. The case came about after…

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can an employment contract be ended without notice?

It may seem a straightforward question since people are dismissed every working day for what is commonly referred to as “gross misconduct”, i.e. conduct which is so serious that it goes to the root of the contract and renders its continuation undesirable if not impossible. However, what of the “innocent” employee? In my discussion about…

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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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