EAT Contract of employment – Implied term/ variation/ construction of term
Unfair dismissal – Procedural fairness/ automatically unfair dismissal
The decision of the Employment Tribunal that there was an implied mobility clause in the Claimant’s contract of employment was correct. The implication of such a term was both obvious and justified by custom and practice. The contracts of all other employees of the Respondent contained such a term, which had been agreed with relevant Trades Unions and the Claimant’s contract had been left partially blank and incomplete.
In the circumstances the decision of the Employment Tribunal dismissing the claim for unfair dismissal could not be faulted.
Categories 9K, 1 1E
Judges:
Serota QC J
Citations:
[2006] UKEAT 0242 – 06 – 1812
Links:
Employment
Updated: 09 July 2022; Ref: scu.247878