Continuing to work constituted acceptance of 10% shareholding | Employment Law Update May

The Employment Court found that, by continuing to work and carrying out his duties, an employee had accepted the employer’s offer to provide a 10% shareholding, which the employer had previously notified the employee of.

The Court considered that the rules relating to contract formation apply in the employment context in a varied manner, in particular in relation to offer and acceptance and consideration.

In many instances, the contractual elements of offer, acceptance and consideration can be met simply by an employee continuing to work following an employer’s declaration as to some specific benefit.

Fernandez v Rappongi Excursions Ltd trading as Denny’s Restaurants [2019]

Information reproduced with permission of Wolters Kluwer