Contracts of employment: Employer obliged to notify employees of contingent rights

In some circumstances, an employer is under an implied obligation to notify its employees of any rights which they have under their contracts of employment which are dependent upon them taking some sort of action, rules the House of Lords in Scally and others v Southern Health and Social Services Board and others. The obligation arises if the right in question has not been negotiated with the employees individually and they cannot reasonably be expected to be aware of it unless it is drawn to their attention.