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.
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.
In Morrish v NTL Group Ltd  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.
This week's case of the week, provided by Addleshaw Goddard, covers discretionary bonuses.
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.
In Commerzbank AG v Keen  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.
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.
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.
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.
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.
HR and legal information and guidance relating to implied contractual terms.