*R (on the application of P) v Secretary of State for the Home Department and another and other cases
Police Disclosure of information. The Court of Appeal, Civil Division, considered a number of appeals involving individuals with previous criminal convictions-cautions-reprimands, the Metropolitan Police Commissioner, the Chief Constable of Surrey Police and the Secretaries of State for Justice and the Home Department. A number of determinations were made in relation to the statutory scheme in relation to the disclosure of convictions and the retention in individual cases by the police of caution, reprimands and other material, and whether the revised scheme complies with art8 of the European Convention of Human Rights.
Asklepios Kliniken Langen-Seligenstadt GmbH v Felja; Asklepios Dienstleistungsgesellschaft mbH v Graf
Preliminary ruling concerning interpretation of EU laws in proceedings relating to application of collective labour agreement . The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art3 of Council Directive (EC)2001-23 and art16 of the Charter of Fundamental Rights of the European Union in proceedings concerning the application of a collective labour agreement.
Redundancy Dismissal by reason of redundancy. The Court of Appeal, Civil Division dismissed an appeal by the employer NHS Trust against a decision that the employee was entitled to pension at a higher rate on the basis of the date of the termination of her contract of employment. The court held that the letter of dismissal had to be actually communicated to the employee before it took effect and that was when she opened the letter and read the contents.
Redundancy Calculation of amount of payment. The Privy Council dismissed the appellant employee's appeal against the Court of Appeal of the Republic of Trinidad and Tobago's decision that a living allowance loan by the respondent employer fell to be repaid, as he had not served a further five years with the employer because he had taken a voluntary redundancy. Although the courts below had erred in failing to consider whether a term was to be implied, they had correctly concluded that the employee's claim failed because he had voluntarily left his employment.
Local government Officer. The Court of Appeal, Civil Division dismissed an appeal by a council employee against the calculation of her pension and redundancy payments which had been calculated by reference to her 40 years service and her final salary. The court, agreeing with the council found that the respondent council had honoured the terms of her contract and could not therefore be faulted.
Contract Unfair terms. The Queen's Bench Division held that the claimant Rush hairdressing salon had been entitled to withhold certain deferred consideration under a Sales Purchase Agreement (the SPA) as the defendant had been in breach of certain restrictive clauses in the SPA.
Injunction Contract for personal services. The Queen's Bench Division held that interim relief would be granted in a case where the defendant advisers were alleged to have breached restrictive covenants contained in their consultancy agreements. Among other things, the claimants were entitled to undertakings which prevented disclosure of, and required delivery up of, the claimants' confidential customer lists, and the issues at the speedy trial were to include the question of whether the defendants had breached the covenants, as well as the question of their enforceability. However, the defendants were not, at that stage, required to provide witness statements setting out their recent conduct, and the court declined to grant the defendants' application to join a further 22 advisers as additional defendants to the claim.
Employment Contract of service. The Queen's Bench Division awarded the claimant damages and final injunctive relief following the finding that the first defendant, a former employee of the claimant, had breached his duty of fidelity and confidence both during and after his employment with the claimant and in breach of the restrictive covenant which had been part of his contract of employment.
Contract Formation. The Court of Appeal, Civil Division, dismissed an appeal against the judge's decision that there had been a binding contract between the parties, formed by the claimant (Reveille) accepting through conduct a written agreement, which had been signed by the defendant (Anotech), but not Reveille. It held that Reveille had waived the provision that there would be no binding contract in the absence of its signature on the agreement, and there had been no prejudice from that to Anotech. There had been acceptance by conduct on Reveille's part of the terms of the agreement, which had led to a binding contract.
Restraint of trade by agreement Employer and employee. The Queen's Bench Division, in refusing an application for an interim injunction against the respondent, a former employee, in which it sought to enforce the terms of a restrictive covenant contained in the respondent's contract of employment, held that the relevant clause was in restraint of trade and unenforceable. The clause also provided that the respondent would continue to be paid in full by his former employer for the duration of the covenant, provided that he complied with the restriction. The covenant was plainly far wider than was reasonably necessary for the protection of the applicant's business interests. It was contrary to public policy in effect to permit an employee to purchase a restraint.