Disavowing an implied term of fairness

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Brodie, Douglas (2024) Disavowing an implied term of fairness. Industrial Law Journal, 53 (2). pp. 157-172. dwae014. ISSN 0305-9332 (https://doi.org/10.1093/indlaw/dwae014)

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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 an 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.

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