Here we list a selection of key cases, reported since 2010, on disputed or breached terms and conditions , providing a summary of the decision and implications for employers.

Cases have been grouped together based on the specific contractual issues being dealt with:

  • Express and implied terms
  • Unauthorised deductions
  • Variation of contract
  • Pay in lieu of notice - PILON
  • Restrictive covenants

Express and implied terms

Hershaw v Sheffield City Council | Employment Appeal Tribunal | 4 Nov 2014

Park Cakes Ltd v Shumba and others | Court of Appeal | 31 Jul 2013

Dresdner Kleinwort Ltd and another v Attrill and others | Court of Appeal | 26 Apr 2013

Smith v Trafford Housing Trust | High Court | 16 Nov 2012

Edwards v Chesterfield Royal Hospital NHS Foundation Trust | Supreme Court | 14 Dec 2011

Unauthorised deductions

Esparon v Slavikovska | Employment Appeal Tribunal | 8 May 2014

Variation of contract

Department of Transport v Sparks | Court of Appeal | 14 Apr 2016

Abercrombie v AGA Rangemaster Ltd | Court of Appeal | 11 Oct 2014

Pay in lieu of notice - PILON

Societe Generale v Raphael Geys | Supreme Court | 19 Dec 2012

Cavenagh v William Evans Ltd | Court of Appeal | 24 May 2012

Restrictive covenants

Threlfall v ECD Insight Ltd and another | High Court | 17 Dec 2012


Please note: While every care has been taken in compiling these notes, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.

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