Implied terms

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  • Wrongful dismissal: Making secret profits justified summary dismissal

    Date:
    1 June 1999
    Type:
    Law reports

    The Dean and Chapter of Westminster Abbey were justified in summarily dismissing the Abbey's organist and his wife, its concert secretary, in the determination of a retired Law Lord in Neary and another v Dean of Westminster.

  • Genuine fear not enough in unfair dismissal claim

    Date:
    1 June 1999
    Type:
    Law reports

    In Wojcik v Amtico Co Ltd, the Employment Appeals Tribunal upholds a decision of the Birmingham industrial tribunal rejecting the appellant's claim that his employers had breached the relationship of trust and confidence between them by failing to disclose a safety report to him.

  • Contracts of employment: Maximum 48-hour week is a statutorily implied term in all employment contracts

    Date:
    1 April 1999
    Type:
    Law reports

    In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.

  • Wrongful dismissal: Damages not recoverable for losses flowing from procedurally unfair dismissal

    Date:
    15 February 1999
    Type:
    Law reports

    A summary dismissal in breach of the employer's disciplinary procedures could not amount to a breach of the implied duty of mutual trust and confidence in respect of which damages for wrongful dismissal were recoverable, holds the Court of Appeal in Johnson v Unisys Ltd.

  • Contracts of employment: Changing terms of relocation loan destroyed mutual trust and confidence

    Date:
    15 January 1999
    Type:
    Law reports

    In French v Barclays Bank plc, the Court of Appeal holds that a detrimental change in the terms on which a bridging loan was made to an employee who had been requested to relocate was a breach of the implied term of his contract of employment that the employer would not act so as to destroy the trust and confidence existing as between the employer and him.

  • Contracts of employment: Implied duty of mutual trust and confidence may have positive content

    Date:
    15 January 1999
    Type:
    Law reports

    The principle underlying the implication of the duty of mutual trust and confidence into contracts of employment does not necessarily exclude the possibility that it may, in appropriate circumstances, have a positive as opposed to a merely negative content, says the High Court in University of Nottingham v Eyett and another.

  • Contracts of employment: Employer was entitled to make long-term sick employee redundant

    Date:
    15 January 1999
    Type:
    Law reports

    In Hill v General Accident Fire and Life Assurance Corporation plc, the Outer House of the Court of Session holds that there was no breach of the implied duty of mutual trust and confidence when an employer made an employee redundant while he was in receipt of contractual sick pay and had a prospective contractual entitlement to long-term sickness benefit.

  • Contracts of employment: Ex-employee did not breach implied duty of confidentiality

    Date:
    15 September 1998
    Type:
    Law reports

    An ex-employee who made negative remarks about the financial situation and management of the company from which he had resigned as managing director did not breach the limited implied duty of confidentiality which binds a former employee, holds the Court of Appeal in Brooks v Olyslager OMS (UK) Ltd.

  • Contracts of employment: No implied right to send senior dealer on garden leave

    Date:
    1 July 1998
    Type:
    Law reports

    In the absence of an express contractual term entitling a bookmaker to send the senior dealer in its spread-betting business on garden leave, it was under an obligation to allow him to perform the duties of the post to which it had appointed him in accordance with his contract both during his notice period and before he gave in his notice, holds the Court of Appeal in William Hill Organisation Ltd v Tucker.

  • Contracts of employment: Implied right to appeal against disciplinary action

    Date:
    1 June 1998
    Type:
    Law reports

    In Hailstones v Staffordshire County Council, the Court of Appeal holds that it was an implied term of an employee's contract that he had a right to appeal against the imposition of a disciplinary sanction - in this case a transfer to a different workplace - as an alternative to dismissal, in view of the fact that the contract contained express rights of appeal against a decision to dismiss and against warnings imposed in accordance with the disciplinary procedure.

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