A clause providing that the employer could dismiss an employee in the first two years of employment without implementing the disciplinary procedure was not void under the 1977 Act. Section 3 extended to contracts of employment and although the meaning was ‘artificial’, an employee dealt ‘as a consumer’ with his employer. However the claim failed as the clause in question did not come within clause 3 (2) of the 1977 Act, not being a contract term excluding or restricting liability of the employer in respect of breach of contract.
Judges:
Morland J
Citations:
[2000] IRLR 94
Statutes:
Unfair Contract Terms Act 1977 3
Jurisdiction:
England and Wales
Citing:
Cited – Chapman v Aberdeen Construction Group 1991
It having been conceded that contracts of service fell within section 15 of the 1977 Act, the court found that the question whether the contract was a consumer contract depended on the circumstances. Though the employee pursuer was to be regarded as . .
Cited by:
Cited – Commerzbank Ag v Keen CA 17-Nov-2006
The bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that . .
Lists of cited by and citing cases may be incomplete.
Employment, Contract
Updated: 09 December 2022; Ref: scu.246221