Implied Duties Of Employer

Question 0

Duty to exercise physical care?

Answer 0

Non-delegable (Wilsons v Clyde Coal

Question 1

Provide work?

Answer 1

Only if skilled (William Hill v Tucker)
But if garden leave clause, this trumps

If not ready and willing (Browning v Crumlin valley Colleries)

Question 2

Duty to exercise psychiatric care?

Answer 2

Yes! (Key in clash with express)

Barber v Somerset
Johnstone v Bloomsbury Health Board

Not on manner of dismissal though

Question 3

Duty to exercise financial care?

Answer 3

Yes, within reason.

Spring v Guardian Assurance

If don’t achieve targets - won’t get bonuses!!

Question 4

Duty not to suspend without just cause

Answer 4

Gogay v Herfordshire (investigate)

Bird v Celanese (small wrongdoing)

Question 5

Duty to provide support

Answer 5

Cresswell v IR

Barber v Somerset

Question 6

Give bonus in good faith?

Answer 6

Yes if discretionary and not exercised rationally (Horkulak)

Not if dependent on continuation (Commerzbank AG v Keen)

Question 7

Exercise discretion when it comes to mobility clauses etc.

Answer 7

United Bank v Akhtar