Implied terms

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  • Unfair dismissal: Range of reasonable responses test of no application in establishing constructive dismissal

    Date:
    26 August 2009
    Type:
    Law reports

    In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.

  • Dombey v University of Brighton

    Date:
    10 December 2007
    Type:
    Law reports

    The Employment Appeal Tribunal has held that an employment tribunal should have considered whether or not an employer had breached the implied duty of trust and confidence by not informing an employee of a pension benefit to which she was entitled.

  • Morrish v NTL Group Ltd

    Date:
    19 July 2007
    Type:
    Law reports

    In Morrish v NTL Group Ltd [2007] CSIH 56 CS, the Court of Session has held that a pay in lieu of notice clause could not be implied into a contract of employment.

  • Case of the week: Banking on the bonus doesn't pay

    Date:
    3 July 2007
    Type:
    Law reports

    This week's case of the week, provided by Addleshaw Goddard, covers discretionary bonuses.

  • Abbey National plc v Fairbrother

    Date:
    23 January 2007
    Type:
    Law reports

    In Abbey National plc v Fairbrother EAT/0084/06, the Employment Appeal Tribunal (EAT) has held that, in the context of a constructive dismissal claim, the question that should be asked is whether the employer's actions during the grievance procedure fell within the range of reasonable responses.

  • Commerzbank AG v Keen

    Date:
    22 November 2006
    Type:
    Law reports

    In Commerzbank AG v Keen [2007] IRLR 132 CA, the Court of Appeal has held that, in order to show that an employer has breached a discretionary bonus term, the employee must demonstrate that the employer exercised its discretion irrationally or perversely.

  • Retirement age: No jurisdiction to hear unfair dismissal claim of employee over 65

    Date:
    17 February 2006
    Type:
    Law reports

    In Tarbert (Loch Fyne) Harbour Authority v Currie, the EAT holds that the employment tribunal had erred in finding that the employee had a retirement age of 70 simply because this was the age at which his predecessor had retired. No express oral term had been created through mention at the employee's job interview of his predecessor's retirement age.

  • Sime v Imperial College London

    Date:
    2 October 2005
    Type:
    Law reports

    In Sime v Imperial College London EAT/0875/04, the Employment Appeal Tribunal (EAT) considered the principle that, if a breach of an implied term is established, such a breach will necessarily be repudiatory.

  • Contracts of employment: Custom and practice on local holidays not a contractual term

    Date:
    29 July 2005
    Type:
    Law reports

    In Cook v Diageo, the EAT holds that the wording of the employees' contracts and a collective agreement, given its ordinary meaning, did not require statutory or occasional holidays to be fixed only by reference to local public holidays set by local authorities or chambers of commerce.

  • Contracts of employment: Employer's aggressive tactics repudiated contracts

    Date:
    7 March 2003
    Type:
    Law reports

    An employer was in repudiatory breach of the implied trust and confidence term when its senior executives pressurised two City brokers to accept a variation to their contractual terms, which would have resulted in them being paid on a commission-only basis and losing valuable rights to fixed annual remuneration plus bonuses, the High Court holds in Cantor Fitzgerald International v Bird and others.

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HR and legal information and guidance relating to implied contractual terms.