The employee had complained of her working conditions, particularly at having to work in an environment polluted by others smoking.
Held: The correct term to be implied into her contract of employment to deal with the complaint in this case, is that the employer will provide and monitor for his employees, so far as is reasonably practicable, a working environment which is reasonably suitable for the performance by them of their contractual duties.
Judges:
Morison P J
Citations:
[1997] UKEAT 69 – 97 – 1905
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – W A Goold (Pearmak) Ltd v McConnell and Another EAT 28-Apr-1995
It is an implied term in a contract of employment that employers should reasonably and promptly afford employees a reasonable opportunity to obtain redress of any grievance. Morison J said: ‘It is clear therefore that Parliament considered that good . .
Cited – W E Cox Toner (International) Ltd v Crook EAT 1981
In a case of constructive dismissal, the ordinary contractual rule applies; the wronged party may give the other party an opportunity to remedy the breach. In doing so he does not waive the breach and thereby affirm the contract.
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 24 July 2022; Ref: scu.207510
