Contracts of employment
In Genower v Ealing, Hammersmith & Hounslow Area Health Authority [1980] IRLR 297 EAT, the EAT held that the attempt by the respondent employers to change the appellant's job duties and place of work following a reorganisation, albeit a breach of contract which justified him in resigning and claiming that he had been dismissed within the meaning of the Employment Protection (Consolidation) Act, section 55(2)(c), was a dismissal for some other substantial reason and was reasonable in all the circumstances.
In Ahmad v Inner London Education Authority [1977] ICR 490 CA, the Court of Appeal held that the right to freedom of thought, conscience and religion established by Article 9 of the European Convention on Human Rights does not entitle an employee to be absent from work for the purpose of religious worship in breach of contract.
In Dunk v George Waller and Son [1970] 2 All ER 630 CA, the Court of Appeal held that the purpose of an apprenticeship agreement is for the apprentice to receive training in order to obtain better employment, and if the employer terminates the agreement and deprives the apprentice of the training, the apprentice is entitled to earnings under the agreement for the remainder of the apprenticeship and damages for future loss of earnings and prospects.
In O'Brien v Associated Fire Alarms Ltd [1969] 1 All ER 93 CA, the Court of Appeal held that if there is no express term relating to the place of work in an employment contract then one will be implied based on the facts.
In Bull v Pitney Bowes Ltd [1966] 2 All ER 384 HC, the High Court held that clauses in restraint of trade are void unless the employer can show that they are no more than is required to protect its interests, but even then, if the employee can show that the clause is contrary to the public interest, it remains void and unenforceable.
In Swain v West (Butchers) Ltd [1936] 3 All ER 261 CA, the Court of Appeal held that the employer was entitled to ask an employee about colleagues' misconduct and that these were lawful questions that the employee must answer.
In Bouzourou v The Ottoman Bank [1930] AC 271 JCPC, the Judicial Committee of the Privy Council held that an employee can refuse to transfer to a geographical area where the employee would be at personal risk, but cannot refuse to go in the absence of personal danger.
In The Ottoman Bank v Chakarian [1930] AC 277 JCPC, the Judicial Committee of the Privy Council held that an employee can refuse to transfer to a geographical area where the employee would be at personal risk.
In Devonald v Rosser & Sons [1906] 2 KB 728 CA, the Court of Appeal held that there was an implied term in a piece rate worker's contract that the employer would provide him with a reasonable amount of work.
In Loftus v Roberts [1902] 18 TLR 532 CA, the Court of Appeal held that when a contract of employment is made all the key terms must be identifiable or the agreement will not be enforceable.
Employment law cases: HR and legal information and guidance relating to contracts of employment.