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.
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.
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.
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.
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.
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.
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.
In Surrey County Council v Lamond  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.
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.
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.
HR and legal information and guidance relating to implied contractual terms.