Contract of employment references

Terms of the contract, (references) wrongful dismissal (references), equitable remedies against employees (references), Substantive law of contract of employment

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Terms of the employment contract.

Express terms, implied terms

Smith and Wood ch. 3, up to p. 132. Bowers and Honeyball, ch. 3. Painter, Holmes and Migdal, ch. 2.

Express terms.

ERA, s. 1 (statutory particluars);

Camden Exhibitions and Display Ltd. v. Lynott [1966] 1 Q.B. 555; Gascol Conversions v. Mercer [1974] I.C.R. 420; System Floors (UK) Ltd. v. Daniel [1982] I.C.R. 54; cf. Jackson v. British Gas Corpn [1983] I.C.R. 351; see also Jones v. Associated Tunnelling Co. Ltd. [1981] I.R.L.R. 477, noted (1982) I.L.J. 118; Trusthouse Forte (Catering) Ltd. v. Adonis [1984] I.R.L.R. 382.

Incorporation of terms from collective bargains.

Methods of incorporation.

National Coal Board v Galley [1958] 1 W.L.R. 16; Singh v. British Steel Corporation [1974] I.R.L.R. 131.

Interpretation once incorporated.

Robertson and Jackson v. British Gas Corpn [1983] I.C.R. 351, followed in Marley v. Forward Trust Group [1986] I.C.R. 891, noted (1986) NLJ 845; also Gibbons v Associated British Ports [1985] I.R.L.R. 376; Burroughs Machines Ltd. v. Timmoney [1977] I.R.L.R. 404; Hooper v. British Railways Board [1988] I.R.L.R. 517; cf. Cadoux v. Central Regional Council [1986] I.R.L.R. 31. TULR(C)A, s.180.

Inappropriate terms for incorporation.

N.C.B. v. N.U.M. [1986] I.C.R. 736, [1986] I.R.L.R. 439; Alexander v. Standard Telephones [1991] I.R.L.R. 286.

From which collective agreement?

Loman and Henderson v. Merseyside Transport Services (1968) 3 I.T.R. 108; Gascol Conversions v. Mercer [1974] I.C.R. 420; neither of these is a very strong authority, since the first was decided on its facts, and the second is based on the views of Lord Denning M.R. alone.

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Implied terms.

General principles, geographical mobility

In general.

The Moorcock (1889) 14 P.D. 64, per Bowen L.J. at 68; Shirlaw v. Southern Foundries [1939] 2 K.B. 206; Lister v. Romford Ice [1957] A.C. 555; Mears v. Safecar Security Ltd. [1982] 2 All E.R 865.

Specifically in an employment law context:

On relationship with express terms, see Nelson v. B.B.C. [1977] I.C.R. 649; United Bank Ltd. v. Akhtar [1989] IRLR 507, White v. Reflecting Roadstuds Ltd [1991] ICR 733, Johnstone v. Bloomsbury Health Authority [1991] I.C.R. 269.

Where there is no relavant express term, see Jones v. Associated Tunnelling Co. Ltd. [1981] I.R.L.R. 477; Dryden v Greater Glasgow Health Board [1992] I.R.L.R. 469 (E.A.T.). See also Cresswell v. Inland Revenue, on adaptation to technological change.

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Geographical Mobility

O'Brien v. Associated Fire Alarms [1968] 1 W.L.R. 1916; Stevenson v. Teesside Bridge and Engineering Ltd. [1971] 1 All E.R. 296; United Kingdom Atomic Energy Authority v. Claydon [1974] I.C.R. 128, Jones v. Associated Tunnelling Co. Ltd. [1981] I.R.L.R. 477; Courtaulds Northern Spinning Ltd. v. Sibson [1988] I.R.L.R. 276, United Bank Ltd. v. Akhtar [1989] IRLR 507.

See also the redundancy cases (to follow) (but there the issue arose on the statutory definition of place of work, whereas here we are concerned with the common law - the definitions may be the same, though: but see Bass Leisure v. Thomas [1994] I.R.L.R. 104).

Substantive law page

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Implied duties of employees.

Secretary of State v. A.S.L.E.F. (No. 2) [1972] I.C.R. 19 - read all the judgments, since there is no agreement on the exact scope of the term; Ticehurst v British Telecom [1992] I.C.R. 383 (C.A.) (industrial action cases).

Cresswell v. Board of Inland Revenue [1984] I.C.R. 508 (technological change).

Implied duties of employer.

Turner v. Sawdon & Co. [1901] 2 K.B. 653; Collier v Sunday Referee Publishing Co Ltd [1940] 2 K.B. 647; Langston v. A.U.E.W. [1973] I.C.R. 211; [1973] 1 W.L.R. 521; [1973] 2 All E.R. 430, N.I.R.C.; [1974] I.C.R. 180; [1974] 1 W.L.R. 185; [1974] 1 All E.R. 980, C.A. (read especially Denning); Langston v. A.U.E.W. (No.2) [1974] I.C.R. 510. N.I.R.C.; Breach v. Epsylon Industries Ltd. [1976] I.C.R. 316, [1976] I.R.L.R. 180 (E.A.T.) (all right to work cases).

On the consideration provided by the employee, see [1984] C.L.J. 337.

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Wrongful dismissal and breach of employment contract.

Damages (references), equitable remedies against employers (references), substantive law of wrongful dismissal

SW, ch. 7; BH, ch. 4.

Damages.

On general principles of contractual damages which are relevant, see Hadley v. Baxendale (1854) 9 Ex. 341; Jarvis v. Swans Tours [1973] 1 Q.B. 233, and Jackson v. Horizon Holidays [1975] 1 W.L.R. 1488. It seems however that the principles in the holiday cases do not apply to employment law.

Specifically on employment law, Addis v. Gramophone Co. [1909] A.C. 488; Cox v. Phillips Industries [1975] I.R.L.R. 344, noted (1976) M.L.R. 353, overruled by C.A., Bliss v. South East Thames Regional Health Authority [1985] I.R.L.R. 307, noted (1986) N.L.J. 556. O'Laoire v Jackel International Ltd [1991] I.C.R. 718, [1991] I.R.L.R. 170 (C.A.) follows Bliss, but see Malik v. B.C.C.I. [1997] 3 All E.R. 1 (H.L.).

Some of the automatic / elective theory cases are also relevant, e.g. Gunton v. London Borough of Richmond [1980] 3 All E.R. 577, noted [1984] C.L.J. 337. See also Alexander v. Standard Telephone [1991] I.R.L.R. 286.

Note also Stapp v. Shaftesbury Society [1982] I.R.L.R. 326 (C.A.) and Robert Cort & Son Ltd. v. Charman [1981] I.R.L.R. 436 (E.A.T.), which suggest that damages for wrongful dismissal can include compensation for the loss of the right to complain of unfair dismissal, which the employee would have had if he/she had not been summarily dismissed. These will generally turn on qualifying periods, and may also be relevant to the automatic / elective debate.

See also (on a slightly different issue) Shove v. Downs Surgical plc [1984] I.C.R. 532, [1984] 1 All E.R. 7, [1984] I.R.L.R. 17 (Q.B.D.).

On statutory intervention, ERA, s. 86; Donovan, pp. 148-149. Effect of payment in lieu considered in, e.g., Delaney v. Staples [1992] I.R.L.R. 191.

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Equitable remedies against employers.

The general rule was stated by Lord Reid in Ridge v Baldwin [1964] A.C. 40 (at p.65).

Hill v. C.A. Parsons Ltd [1972] Ch 305 provided an exception, but was limited in Sanders v. E. Neale [1974] I.C.R. 565, 571; Chappell v. Times Newspapers [1975] I.C.R. 145.

Later, however, the principle in Hill was extended somewhat:

Irani v. Southampton and South West Hampshire Health Authority [1985] I.C.R. 590, noted (1986) N.L.J. 557; Powell v. London Borough of Brent [1987] I.R.L.R. 165; Hughes v. London Borough of Southwark [1988] I.R.L.R. 55; Wishart v. National Association of Citizens Advice Bureaux Ltd [1990] I.C.R. 794; McPherson v London Borough of Lambeth [1988] I.R.L.R. 470; Wadcock v. Brent London B.C. [1990] I.R.L.R. 223; Robb v London Borough of Hammersmith and Fulham [1991] I.C.R. 514.

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Equitable remedies against employees.

TULR(C)A, s.236;

Lumley v Wagner (1852) 1 De. G.M. & G. 604; De Francesco v. Barnum (1890) 45 Ch. D. 430; Whitwood Chemical Co. v. Hardman [1891] 2 Ch. 416; Warner Bros. Pictures Inc. v. Nelson [1937] 1 K.B. 209; Page One Records v. Britton [1968] 1 W.L.R. 157; Nichols Advanced Vehicle Systems Inc. v. De Angelis (unreported, 21 December 1979); Lotus Cars v. Jaguar Cars (unreported, 1 July 1982); Warren v. Mendy [1989] 3 All E.R. 103.

Cf. Evening Standard Co. Ltd. v. Henderson [1987] I.R.L.R. 64.

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This page was last updated on 09 Nov 97.

Mail Paul Todd : SLAPNT@cf.ac.uk