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 claims. The employers proposed her return to work in accordance with an action plan suggested by the investigator, on the basis that she accepted the investigator’s conclusions. The employee refused to return on that basis. In order to avoid an impasse the employers proposed her temporary ‘redeployment’ to duties outside the express scope of the contract. When she refused to perform such duties they declined to continue to pay her wages. The issue was whether the employers were entitled to require her to perform the duties in question.
Held that the Tribunal was entitled to find that there was an implied term of the contract which entitled the employers to require her to do different work on a temporary basis and in the exceptional circumstances of the case. Millbrook Furnishing Industries Ltd v McIntosh [1981] IRLR 309 and Courtaulds Northern Spinning Ltd. v Sibson [1988] ICR 451.
Judges:
Underhill J
Citations:
[2006] UKEAT 0344 – 06 – 1512, [2007] IRLR 305
Links:
Citing:
Cited – Courtaulds Northern Spinning Ltd v Sibson CA 1988
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 . .
Cited – Millbrook Furnishing Industries Ltd v McIntosh EAT 1981
The employees were sewing machinists employed in the employers’ upholstery factory. Because of a downturn in work, the employers decided to transfer them to their bedding factory, which was very nearby. The work at the bedding factory would be less . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.247871
