chapter 3 The Contract of Employment Flashcards
Give a case example of implied duty on employee - failure to disclosure information
Boston Deep Sea Fishing Co v Ansell 1888
Facts
Managing director had shares in own company and another for which supplied and he received a bonus fraudulently
Court decision
Secret profits amounted to breach of duty to disclose information
Give a case example for Implied duty of employee - confidential information
Faccenda Chicken Ltd v Fowler 1986
Facts
Former employee set up own business recruited 8 former workmates. Claimed using confidential sales information
Court decision
Held not breach of fidelity as the sales information was not important enough.
Give case example of Implied duty of employee - fidelity
Hivac Ltd v Park Royal Scientific Instruments Ltd 1946
Facts
5 Employees working 2nd job on valves of hearing aids.
Court decision
Breach of duty of fidelity - injunction.
Give a case example of all terms should be applied reasonably but not necessarily literally in employment - obedience
United Bank v Akhtar 1989 (appeal)
Facts
Mr Akhtar was employee of the bank. Short notice given and no relocation allowance to move from Leeds to Birmingham.
Court decision
Unfairly dismissed.
Give case example of Implied duty of employer - references - not give a bad reference
Spring v Guardian Assurance plc and others 1994
Facts
Appellant was a sales rep and was dismissed. Bad reference given so was not employed by another company.
Court decision
House of Lords held law of tort of negligence. Duty to provide a reference with care.
Give a case example of implied duties of employer - mutual trust and confidence
Morrow v Safeway Stores plc 2002
M was employed in bakery and getting harassed by manager. Reprimanded in front of colleagues and staff.
Court decision
Not sufficient enough to break in trust and confidence. Also, didn’t follow grievance procedure).
Give a case example of conflict between contractual and implied terms
Johnstone v Bloomsbury Health Authority 1991
Facts
Junior doctor working 48 hours overtime on top of 40 hours normal working. Was in conflict with implied term for employer to look after health of employee.
Court decision
Bloomsbury appeal was dismissed. Reasonably foreseeable result in poor health. Contractual had to be placed in context. Had to pay damages.
Note: normally express rules!
Give a case example of employers duty to protect health and safety of employee - trained and efficient personnel
Wilsons & Clyde Coal Co v English 1938
Facts
Employee injured so claimed damages at common law. He was crushed during course of work. They pleaded contributory negligence as he could have exited another way or called out.
Court decision
There was a duty even vicariously to provide a safe system of work - materials, competent workers, valuable supervision. They had to pay damages.
Give a case example of collective agreement incorporated in contract by custom/practice
Singh V British Steel Corporation 1974
Facts
Former trade union
Court decision
Not incorporated in contract
Give a case example of variation of contract terms
Cresswell v Board of Inland Revenue 1984
Facts
Computers were introduced staff worked on PAYE staff refused to work pay was withheld
Court decision
Held the jobs were the same but done in a different way. Not varied.
Give a case example of contract - mutual trust and confidence - limitations to recovery
James-Bowen v Commissioner of Police (2018)
Facts
4 Police Officers alleged breach of contract and negligence arising out of an assault case. The officers argued there was a duty of care to safeguard their safety, health, welfare and reputation.
Decision
Supreme court held the duty argued was not just, fair and reasonable.
Give a case example of contract - restrictive covenant - good faith obligations and post-termination restrictions
Richard Baker Harrison Ltd v Brooks and others (2021)
Mr Brooks and Mr Sambrook started up competitor co. Mr Brooks breached the non-dealing provision.
Decision
Court decided that it was a breach. The restrictive covenant was no more than reasonably necessary to protect those legitimate business interests.
Give a case example of contract - restrictive covenant - reasonably
Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd (1894)
Fact
Restrictive clause was not to work for any rival business for 25 years in an unlimited geographical area.
Decision
Upheld as the business was a substantial amount and clause was reasonable.
Give a case example of contract - restrictive covenant - reasonableness scope, duration and type of work
Fellowes v Fisher (1976)
Fact
Went to work for rival company.
Decision
Don’t know.
Give a case example of contract - restrictive covenant - relevant to job
Patsystems Holdings Ltd v Neilly (2012)
Fact
Mr Neilly worked for accountants. Was promoted. Went to work for competitor. Patsystems sought injunction for breach of non-compete clause.
Decision
High Court refused injunction was it was not enforceable at the time it was entered into.
