Implied terms

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  • Dismissal: Pilot's demotion allowed under implied term

    Date:
    1 November 1994
    Type:
    Law reports

    The demotion of a helicopter pilot from captain to co-pilot status was not a fundamental breach of contract, and the industrial tribunal had been right to reject the employee's complaint of unfair constructive dismissal, holds the EAT in Vaid v Brintel Helicopters Ltd (t/a British International Helicopters).

  • Contracts of employment: No implied term protecting employees from "stigma"

    Date:
    1 May 1994
    Type:
    Law reports

    In Re BCCI SA the High Court rejects the claims of dismissed senior employees of the Bank of Credit and Commerce International to damages for the loss they had suffered as a result of the stigma attached to having worked for the bank.

  • Contracts of employment: Right to suspend must be exercised reasonably

    Date:
    1 March 1993
    Type:
    Law reports

    There is no general contractual obligation on an employer to act reasonably or fairly, holds the High Court in McClory & others v The Post Office. In relation to an express power to suspend an employee, however, there is an implied term that an employer will not exercise that right on unreasonable grounds.

  • Contracts of employment: Smoking ban upheld

    Date:
    15 November 1992
    Type:
    Law reports

    In the absence of any specific express or implied contractual term giving employees a "right to smoke", an employer is at liberty to introduce a smoking ban in its workplace by amending its working rules, holds the EAT in Dryden v Greater Glasgow Health Board.

  • Contracts of employment: Employer obliged to notify employees of contingent rights

    Date:
    15 January 1992
    Type:
    Law reports

    In some circumstances, an employer is under an implied obligation to notify its employees of any rights which they have under their contracts of employment which are dependent upon them taking some sort of action, rules the House of Lords in Scally and others v Southern Health and Social Services Board and others.

  • Contracts of employment: Implied terms depend on necessity not reasonableness

    Date:
    18 October 1991
    Type:
    Law reports

    The EAT emphasises in White v Reflecting Roadstuds Ltd that a restriction on an employer's powers under a flexibility clause should be implied only if it is necessary to make the contract workable, not merely because it would be reasonable to imply such a term.

  • Contracts of employment: Doctors' hours under attack

    Date:
    8 March 1991
    Type:
    Law reports

    An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.

  • Contracts of employment: Implied term on employee insurance cover

    Date:
    22 February 1991
    Type:
    Law reports

    In Rutherford v Radio Rentals Ltd, the Court of Session holds that to give effect to an employer's contractual obligation to provide personal accident insurance for its employees, it may be necessary to imply a further term that the employer must make a payment to any employee who qualifies under the terms of the insurance policy referred to in the contract. The employer cannot discharge its obligations merely by relying on a refusal by the insurance company to honour the policy.

  • Contracts of employment: Relocation - implied terms

    Date:
    5 December 1989
    Type:
    Law reports

    In United Bank Ltd v Akhtar, the EAT holds that it was necessary for certain terms to be implied into a contract of employment in order for the employee to be in a position to comply with a relocation clause.

  • Mears v Safecar Security Ltd

    Date:
    1 May 1982
    Type:
    Law reports

    In Mears v Safecar Security Ltd [1982] IRLR 183 CA, the Court of Appeal held that, in determining an implied term, regard should be had to all the circumstances, including the way the contract had been operated in the past.

About this topic

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