Helping Schools and Sports Clubs with Social Distancing
Are you involved with any Sports Clubs or Schools? Even as a Parent? We are helping sports clubs and schools across the UK and Lancashire manage numbers and...
Are you involved with any Sports Clubs or Schools? Even as a Parent? We are helping sports clubs and schools across the UK and Lancashire manage numbers and...
A landowner has succeeded in getting a restrictive covenant modified to enable him to build a second house on a small plot. By Jonathan Carroll Director and He...
Since April 2020, any Capital Gains Tax due on the sale of residential property must be paid within 30 days. We have seen a number of cases recently where vendo...
I’m one of the many women who left it too late in life to start thinking about having children. You have no idea until you decide to try and get pregnant how ea...
For both Andi and I this is our second marriage. We had both unsuccessfully tried for a family with our previous partners, however when we got together we just...
We are delighted to announce that we have currently raised over £38,000 for the Orrest Head accessibility improvement project. The fundraising campaign launch...
An employer must honour payments set out in a settlement agreement with an employee even though he breached a confidentiality clause.
By Claire Davies Director
That was the decision of the High Court in a case involving Duchy Farm Kennels Ltd and Graham William Steels.
Mr Steels had brought claims against Duchy in the Employment Tribunal. A settlement agreement was negotiated in which Duchy agreed to pay Steels £15,000 by weekly instalments in settlement of the tribunal claims.
The agreement included a confidentiality clause which provided that the parties would treat the fact and terms of the agreement as strictly confidential and would not disclose them to any other person or entity apart from regulatory bodies or professional advisers.
After a few weeks, Duchy stopped paying the instalments on the basis that its obligation to do so had fallen away because Steels had breached the confidentiality clause by disclosing the amount of the settlement to a third party.
Steels denied that he had disclosed the terms of the agreement and argued that, even if he had done, it would not have been a serious enough breach of the agreement to entitle Duchy to cease making the agreed payments.
The judge found that Steels had breached the confidentiality clause, but that it constituted breach of an intermediate term rather than of a condition; therefore, Duchy was not automatically freed of its obligation to continue paying the instalments.
She further held that the breach did not repudiate the agreement and that the employer was obliged to continue the payments.
The High Court has upheld that decision. It held that the confidentiality clause was ancillary to the main part of the contract; not at the core of the agreement.
If you would like more information about the issues raised in this article or any aspect of employment law please contact Claire on 01228 585245.
Whether you are in the early stages and just seeking information or you have been considering adoption for a while, joining us at one of our online information...
Attending a Fostering information event is a great place to start if you want to learn about the process of becoming a foster carer.We understand that making th...
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OverviewWelcome to the UK Public Sector Sales H2 Kick Off!Join us for an exclusive event designed to empower business owners and salespeople with the knowledge...
This Cyber Resilience workshop aims to cover three simple concepts: Defend. Innovate. Grow.We encourage a secure by design philosophy, and we work with business...
A host of lovely events from Booths at various Booths shops across the North West.