Articles - DAC Beachcroft

Articles

Employment Matters - December 2020

Employment Matters - December 2020

1. Breach of Contract: What happens when both parties are in repudiatory breach? A firm was entitled to terminate the contract of a self-employed stoc ...

Court of Appeal: Did 37 separate communications amount to a protected disclosure?

Court of Appeal: Did 37 separate communications amount to a protected disclosure?

The Court of Appeal has held they did not, and an employment tribunal was right on the facts of this case not to aggregate the disclosures to look at ...

National Day Surgery Delivery Pack: the highlights

National Day Surgery Delivery Pack: the highlights

A best practice guide has been developed and published by the Getting It Right First Time (GIRFT) Academy, the Centre for Perioperative Care (CPOC) an ...

Breach of Contract:  What happens when both parties are in repudiatory breach?

Breach of Contract: What happens when both parties are in repudiatory breach?

A firm was entitled to terminate the contract of a self-employed stockbroker without notice for a breach of trust and confidence even though the firm ...

Constructive Dismissal: Was a failure to return to work at the end of maternity leave an acceptance of the employer’s breach of contract?

Constructive Dismissal: Was a failure to return to work at the end of maternity leave an acceptance of the employer’s breach of contract?

An employee who did not return to work after her maternity leave had accepted her employer’s repudiatory breach of contract and had been constructivel ...

Constructive Dismissal: Witholding salary for three days was a repudiatory breach of contract

Constructive Dismissal: Witholding salary for three days was a repudiatory breach of contract

An employer who intentionally withheld salary for three days was in repudiatory breach of contract, entitling the employee to resign without notice.   ...

Discrimination: When can cost considerations justify indirect discrimination?

Discrimination: When can cost considerations justify indirect discrimination?

The Court of Appeal has held that an employer’s need to reduce staff costs in order to balance its books during a public sector pay freeze was a legit ...

Claimant Unreasonably Exiting The Portal – Costs Penalty Applied

Claimant Unreasonably Exiting The Portal – Costs Penalty Applied

In the case of Foley v Radinex, DAC Beachcroft have successfully challenged a claim for post-issue fixed costs and obtained a costs order securing a f ...

Procurement policy note PPN 08/20 and the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI 1319

Procurement policy note PPN 08/20 and the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI 1319

Following the publication of the Public Procurement (Amendment etc.)(EU Exit) Regulations 2020 SI 1319 (“PPAR”) that amend procurement legislation to ...

The importance of Expert Witnesses being independent and owing their principal duties to the Court

The importance of Expert Witnesses being independent and owing their principal duties to the Court

The recent High Court judgment of McKillen v Tynan [2020] IEHC 189 dismissed judicial review proceedings on grounds including that: (i) the Applicant’ ...