Disavowing an Implied Term of Fairness

Douglas Brodie

Industrial Law Journal, 2024, vol. 53, issue 2, 157-172

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.

Date: 2024
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