Societé Générale v Geys [2011] EWCA Civ 307; [2012] UKSC 63 – Law Journals

Employment contracts: When does notice of dismissal start to run?

A recent case has highlighted the significant financial consequences that can arise if it is not clear when an employee’s notice begins, report Phil Allen and Louise Singh ‘In the absence of an express term, if an employer chooses to dismiss in writing and by post, the date that notice starts to run can only …

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Termination: When does notice of dismissal take effect?

An employee’s contract will usually specify the period of notice they are entitled to receive if they are dismissed, but when does the notice period start to run? Phil Allen looks at a recent Court of Appeal judgment ‘For an employer to be certain that it has given notice effectively, it must ensure that the …

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Contract: Take the money and don’t run

David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …

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Notice Obligations: Forced labour

Julian Yew looks at a recent case in which an employee continued to be bound by his contract even though the employer was no longer required to pay him ‘The court had to decide whether Mr Rodgers was still employed and if he could be forced to return to work.’ Specific performance is a remedy …

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Civil Claims: Finding alternatives to the employment tribunal

With government reforms making it more difficult for employees to bring tribunal claims, Kevin McCavish and Antonia Blackwell ask whether the civil courts could provide the answer ‘Advisers should be mindful of the terms of their client’s contract of employment.’ Employment tribunals are the main forum for dealing with disputes between employees and their employer …

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Contract Terms: When does an employee have a ‘right to work’?

Dominic Holmes explores issues facing employers who wish to require employees to stay away from work ‘The right to work is not unqualified or irrefutable. If the employee’s conduct is serious enough to exhibit a lack of readiness and willingness to do the work, the employer can require them to stay away from work.’ Most …

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Termination Of Employment: It ain’t over ’til it’s over

Failing to follow the correct procedure for dismissing an employee can mean that the employment contract continues, with potentially costly consequences, warns Tom Custance The obvious lesson from this case for employers is to ensure that they properly implement contractual termination provisions.On 19 December 2012 the Supreme Court delivered its judgment in Société Générale, London …

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