EAT Reasonableness of dismissal
CONTRACT OF EMPLOYMENT
Implied term/variation/construction of term
Construction of a contact as to whether overtime would be paid for. The Employment Tribunal’s error on this (if based on the written contractual terms, and in the absence of any cogent evidence that those terms had been amplified or varied by practice or further agreement) underpinned its findings as to the fairness of dismissal, purportedly for disobedience to a reasonable instruction, since if overtime was not to be paid for the instruction to work it might not be reasonable, or, if reasonable, the refusal to work it might, in the circumstances, not have merited dismissal. Unfairness remitted to a fresh Tribunal.
Citations:
[2008] UKEAT 0548 – 07 – 1804
Links:
Employment
Updated: 17 July 2022; Ref: scu.270718