Mears v Safecar Security Ltd: CA 2 Jan 1981

There is generally a presumption that sick pay will be paid. A term would be implied if the contract was silent on the point. In implying terms into a contract of employment (the terms in that case relating to sick pay) courts and tribunals were not bound by the traditional tests relating to commercial contracts, but should consider all the facts and evidence in each case, including the way in which the particular contract of employment had worked in practice, and the way the parties had behaved, since it was made.


Stephenson LJ


[1983] 2 QB 54, [1981] ICR 409, [1982] IRLR 183


Employment Protection (Consolidation) Act 1978 11


England and Wales


Appeal fromMears v Safecar Security Ltd EAT 1981
Slynn P summarised the case law on implying terms into employment contracts: ‘In our judgment the proper approach is to look at all the facts and the circumstances to see whether a term is to be implied that wages shall or shall not be paid during . .

Cited by:

CitedBrook Street Bureau (UK) Ltd v Dacas CA 5-Mar-2004
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to . .
CitedLindsey Beveridge v KLM UK Ltd EAT 16-Feb-2000
EAT The claimant appealed refusal of her claim for unlawful deduction. She had been off sick long term. Her doctor certified her fit to return, and she asked to return, but her employer waited a further six weeks . .
Lists of cited by and citing cases may be incomplete.


Updated: 13 May 2022; Ref: scu.194300