Implied Terms

Law Categories

Arthur v London Eastern Railway Ltd (T/A One Stansted Express) (CA 25 Oct 2006)

An asserted series of similar acts, the acts which are individually out of time should not be struck out at a preliminary hearing on submissions based on this fact alone.

Lewis v Motorworld Garages Ltd (CA 1985)

The last straw doctrine allows a claimant to rely on the accumulative acts of the employer, even though earlier breaches by the employer may have been affirmed, so long as the final act forms part of a series of events with the last event commonly referred to as being the last straw.

Abbey National plc v Robinson (EAT/743/99)

Employees do not have to resign at the first sign of breakdown of the mutual trust and confidence to claim constructive dismissal.

Whitbread plc t/a Thresher v Gullyes (EAT/478/92)

An employee who resigned from a managerial position because her employer gave her insufficient support was unfairly constructively dismissed.

Bates & ors v Post Office Ltd (2019 EWHC 606 QB)

The court has implied a duty to act in good faith into contracts that are relational which arguably includes employment contracts.

Collins v First Quench Retailing Ltd (31 January 2003, Court of Session, 2003 GWD126)

An employer might be held responsible for not properly assessing risks and putting reasonable measures in place to protect employees.

Wigan Borough Council v Davies (1979 ICR 411)

An implied term in an employment contract is that the employer will provide reasonable support to ensure that an employee can carry out his/her job without harassment or disruption by fellow workers.

Malik v BCCI (1997 IRLR)

Employers must take care not to damage their employees' future employment prospects, by harsh and oppressive behaviour or by any other form of conduct that is unacceptable today as falling below the standards set by the implied trust and confidence term.

Western Excavating (ECC) Ltd v Sharp (1978 ICR 221)

If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself as discharged from any further performance.

Horkulak v Cantor Fitzgerald International (2004 IRLR 942 CA)

Foul language in the workplace might be deemed unacceptable if an independent third party would view the situation that way. Regular use of foul and abusive language does not make it acceptable.
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