Disavowing an implied term of fairness

Brodie, Douglas (2024) Disavowing an implied term of fairness. Industrial Law Journal. dwae014. ISSN 0305-9332 (https://doi.org/10.1093/indlaw/dwae014)

[thumbnail of Brodie-ILJ-2024-Disavowing-an-implied-term-of-fairness]
Preview
 Text. Filename: Brodie-ILJ-2024-Disavowing-an-implied-term-of-fairness.pdf
Final Published Version
License: Creative Commons Attribution-NonCommercial 4.0 logo
Download (383kB)| Preview

Abstract

In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.

CORE (COnnecting REpositories)