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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
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