An employer's failure to ban smoking in a poorly ventilated workplace, after it became clear that measures already introduced to resolve the problem of passive smoking were inadequate, was in repudiatory breach of an implied contractual term that it would provide and monitor for its employees, so far as reasonably practicable, a working environment which was reasonably suitable for the performance of their contractual duties, holds the EAT in Waltons & Morse v Dorrington.
In Wallace Bogan & Co Ltd v Cove and others, the Court of Appeal holds that, in the absence of express covenants in their contracts of employment, there was no implied term restraining solicitors from canvassing clients of their previous firm.
In principle, employees can recover "stigma" damages in respect of their reasonably foreseeable loss of employment prospects resulting from their employer's breach of the implied term of trust and confidence, holds the House of Lords in Malik and another v Bank of Credit and Commerce International SA (in compulsory liquidation).
In Christian Salvesen Food Services Ltd v Ali and others, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period.
In Aspden v Webbs Poultry & Meat Group (Holdings) Ltd, the High Court implies a term into an employee's contract of employment providing that, save for summary dismissal, the employer would not terminate the contract while the employee was incapacitated for work.
In Quinn and others v Calder Industrial Materials Ltd the EAT upholds an industrial tribunal's ruling that the employer was not in breach of contract by failing to make enhanced redundancy payments to redundant employees.
In Focsa Services (UK) Ltd v Birkett, the EAT holds that, once an industrial tribunal had found that an employee claiming damages for wrongful dismissal had been dismissed, the tribunal erred in law in considering what might have happened had a contractual disciplinary procedure been followed.
In Ali and others v Christian Salvesen Food Services plc the EAT holds that a contract of employment, which provided that overtime payments would be made only when the employee had worked more than the annualised hours total of 1,824 hours in the working year, contained an implied term entitling the employee, whose employment terminated several months before the end of the working year, to overtime payments in certain circumstances.
A claim for damages for loss suffered as a result of the stigma attached to having worked for an employer was in reality a claim for damages for injury to the employees' previously-existing reputations, the Court of Appeal holds in Mahmud v Bank of Credit & Commerce International SA (in compulsory liquidation).
Where it had been the practice over many years for an employer to apply the rates of pay agreed in national negotiations between the industry's employers' association and certain trade unions, those terms were implied into the contracts of employment of individual employees, holds the EAT in Arthur H Wilton Ltd v Peebles and others.
HR and legal information and guidance relating to implied contractual terms.