Leonard Batty v BSB Holdings (Cudworth) Ltd: CA 24 May 2002

The employee was former managing director employed as consultant on a fixed term contract. After differences with the new management, he was off work with stress. The company sought to suspend him. He claimed that the company had repudiated the contract.
Held: The power to suspend was part of the disciplinary procedure. He had been suspended. He did not return to work when invited to do so, and appeared not to be interested in doing so. He had been told that his salary would stop. Willingness to return to work is a necessary averment in an action for salary. Appeal dismissed.
Lord Justice Ward Lord Justice Sedley And Lady Justice Hale
[2002] EWCA Civ 648
England and Wales
CitedMiles v Wakefield Metropolitan District Council HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he . .
See AlsoBatty v BSB Holdings (Cudworth) Ltd CA 5-Nov-2001
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Updated: 04 March 2021; Ref: scu.171340