Przybylska v Modus Telecom Ltd: EAT 6 Feb 2007

EAT Contract of Employment – Notice and pay in lieu / Implied term / variation / construction of term
The employee was expressly given a 3 month probationary period in which she had a right to 1 week’s notice; thereafter she was entitled to 3 months notice. The employer had an express right to extend the probationary period but did not exercise that right. After the 3 month period had concluded, the employer carried out a review as if the period had not concluded and dismissed the employee on 1 week’s notice. The Employment Tribunal dismissed the employee’s claim to 3 months notice money on the basis of an implied term that the employer could carry out such a review within a reasonable time after 3 months had elapsed.
Held that such a term was not necessary, would not be accepted by a reasonable bystander in the position of the employee and gave the employer a new right additional to that expressly provided by the contract. Appeal allowed; remitted to Employment Tribunal to assess compensation for breach of contract.

Burke QC J
[2007] UKEAT 0566 – 06 – 0602, UKEAT/0566/06
Bailii, EAT
England and Wales


Updated: 27 January 2022; Ref: scu.251580