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20 September 2013
Issue: 7576 / Categories: Case law , Law digest
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Employment

Czarnecki v Choice Textiles Ltd UKEAT/0331/12/GE, [2013] All ER (D) 77 (Sep)

In determining a claim for arrears of pay, it was settled law that: (i) the starting point was the contract of employment; (ii) if the contract of employment entitled the employee at least to consideration of the exercise of a discretion, it would be a breach of that contract not to consider its exercise; (iii) where a discretion was said to be exercisable only upon some prior facts having been established, there could be no question factually of any award becoming payable unless those factual preconditions were satisfied; (iv) if the discretion had been exercised, then the exercise might be reviewed; (v) if the discretion had not been exercised then the employee was entitled to be put into the position in which he would have been if the contract had been fully and properly performed; (vi) in such a situation the employer would have given proper consideration to the exercise of the discretion; (vii) the task in assessing compensation for the breach therefore, was to ask what that

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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