Implied terms

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  • Contracts of employment: Implied entitlement to accrued holiday pay

    Date:
    15 March 2001
    Type:
    Law reports

    In Janes Solicitors v Lamb-Simpson the EAT holds that an industrial tribunal was entitled to imply a contractual term that, on termination of employment, the employee should be paid in lieu of holiday entitlement accrued but not taken.

  • Confidential information: Features of electroplating cell were not protected against misuse by ex-employee

    Date:
    15 December 2000
    Type:
    Law reports

    In AT Poeton (Gloucester Plating) Ltd and another v Horton, the Court of Appeal holds that features of an electroplating cell used by an employer, which was substantially the same as the cell used by one of the employer's former employees in his own business after he left its employment, did not come within class 3 of the Faccenda Chicken classification of trade secrets.

  • Breach of contract: Disciplinary suspension was in breach of implied term of trust and confidence

    Date:
    1 November 2000
    Type:
    Law reports

    The suspension of a care worker in a children's home by her local authority employer, pending the outcome of an investigation into an allegation of child sexual abuse, amounted to a breach of the implied term of trust and confidence in her contract of employment, holds the Court of Appeal in Gogay v Hertfordshire County Council.

  • Contracts of employment: Employment relationship is not inherently fiduciary

    Date:
    1 October 2000
    Type:
    Law reports

    In Nottingham University v Fishel and another, the High Court holds that the head of the university's infertility unit was not under a fiduciary duty to the university in respect of the paid work he personally undertook for clinics abroad and, accordingly, was under no obligation to account for profits from that work.

  • Breach of contract: Breach of trust and confidence did not entitle employee to withhold performance

    Date:
    1 February 2000
    Type:
    Law reports

    An employee who failed to obey a residence clause in his contract of employment and comply with his employer's lawful and legitimate instructions was in material breach of his contract, irrespective of the employer's motives in giving those instructions, holds the Inner House of the Court of Session in Macari v Celtic Football and Athletic Co Ltd.

  • Contracts of employment: No implied entitlement to enhanced redundancy payment

    Date:
    1 February 2000
    Type:
    Law reports

    An employer who made automatic payments of enhanced redundancy compensation to dismissed employees for over 20 years, but who reserved the scale of those payments for its management manual which was not formally distributed to the workforce, did not commit itself either expressly, or impliedly by custom and practice, to any contractual obligation to make such payments, the EAT holds in Pellowe v Pendragon plc.

  • Clark v Fahrenheit 451 (Communications) Ltd

    Date:
    31 December 1999
    Type:
    Law reports

    In Clark v Fahrenheit 451 (Communications) Ltd EAT/591/99, the Employment Appeal Tribunal held that, where a contract contains no express notice clause and it is implied that it can be terminated by giving a reasonable period of notice, what is a reasonable period of notice is a question of mixed fact and law and depends on the circumstances.

  • Surrey County Council v Lamond

    Date:
    31 December 1999
    Type:
    Law reports

    In Surrey County Council v Lamond [1999] 12 EG 170 CA, the Court of Appeal held that, if it is impractical for an employee to carry out his duties unless he lives in a particular property, a term can be implied into his contract of employment that he must 'occupy the dwelling-house for the better performance of his duties' with the result that the Housing Act 1985 can apply to prevent his tenancy of that property being a secured tenancy.

  • Construction of contract: Teachers without written contracts did not all have the same notice period

    Date:
    1 November 1999
    Type:
    Law reports

    In Atkinson and others v Governors of St Michael's School, the EAT holds that an employment tribunal was wrong to imply into the employment contracts of teachers, only some of whose letters of appointment did not refer to notice, the notice clause in a standard-form contract by reference to which none of them had been appointed.

  • Breach of contract: Bank's wrongdoing constituted breach of trust and confidence term

    Date:
    15 September 1999
    Type:
    Law reports

    In Bank of Credit and Commerce International SA (in compulsory liquidation) v Ali and others (No.3), the High Court holds that BCCI's dishonest conduct was sufficiently serious to amount to a breach by the bank of the implied term of mutual trust and confidence in the contracts of employment of all its former employees.

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