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Pay and the employment contract: Employer need not pay for partial performance

This report relates to 1 case(s)

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    Wiluszynski v London Borough of Tower Hamlets [1989] IRLR 259 CA (0 other reports)

An employee who is not ready and willing to perform all of his duties under his contract of employment is not entitled to be paid at all, rules the Court of Appeal in Wiluszynski v London Borough of Tower Hamlets. So where an employee takes part in industrial action which involves him refusing to perform one small part of his duties, he cannot claim any payment for the work he has done, unless his employer clearly accepts the partial performance.