Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

16 AUG 2012

Cavenagh v William Evans Limited 2012 EWCA Civ 697 (2012) EMPLR 138

Employee's Fiduciary Duty

24 May 2012

Court of Appeal (Civil Division)

Mummery, Hallett and Tomlinson LJJ

Once an employer has decided to terminate someone's employment with a payment in lieu of notice under a term in the contract of employment, it cannot then withhold payment when it later discovers that the employee was guilty of gross misconduct which would have justified dismissal without notice.

EWL dismissed its managing director, C, in a company restructure. C was informed in his dismissal letter that he was to be dismissed with immediate effect but would receive a payment in lieu of notice in accordance with his contract of employment. Before making the payment, EWL discovered that C had wrongly diverted company funds into his pension scheme. It refused therefore to make the payment.

To read the full case summary and to view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Employment Law online from the drop down menu.


Law and Practice

The status of employment rights on the transfer of an undertaking is an extremely complex area of...

More Info from £90.00
Available in Employment Law Online
EU & International Employment Law

EU & International Employment Law

"A very welcome addition to the very limited range of material available on domestic employment...

More Info £1,348.00
Available in Employment Law Online
Subscribe to our newsletters