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Disavowing an Implied Term of Fairness

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  • Douglas Brodie

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.

Suggested Citation

  • Douglas Brodie, 2024. "Disavowing an Implied Term of Fairness," Industrial Law Journal, Industrial Law Society, vol. 53(2), pages 157-172.
    • Handle: RePEc:oup:indlaw:v:53:y:2024:i:2:p:157-172.
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    File URL: http://hdl.handle.net/10.1093/indlaw/dwae014
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