The employee driver had complained of a change in the base from which he was employed. The contract of employment was silent as to whether the employer had any right to transfer the employee from one depot to another, and the employer asked that a term could be implied.
Held: The employer’s appeal succeeded. An employee in this particular context could not reasonably have objected to an express term that he should be employed within daily travelling distance of his home or, if you please, within a reasonable distance of his home. Slade LJ said: ‘The court merely has to be satisfied that the implied term is one which the parties would probably have agreed if they were being reasonable.’
Judges:
Slade LJ
Citations:
[1988] ICR 451
Citing:
Cited – Jones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .
Cited by:
Cited – Luke v Stoke on Trent City Council EAT 15-Dec-2006
Contract of Employment – Implied term
Unlawful Deduction from Wages – Ready, Willing and Able to Work
The employee had been off work following allegations that she was bullied by her manager. An independent investigator rejected her . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 May 2022; Ref: scu.511342