Morrish v. NTL Group [2006] ScotSC 71 (14 June 2006)

Morrish v. NTL Group [2006] ScotSC 71 (14 June 2006)

The express contractual term requiring twelve months written notice of termination prevails over any implied term allowing summary dismissal with payment in lieu; the contract's wording is clear and sufficient to oust the implied term ex lege.

Citation
[2006] ScotSC 71
Parties
Respondent: John Morrish; Appellants: NTL Group Limited
Jurisdiction
Scotland
Judgment Date
14 June 2006
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal refused
Legal Topics
Implied Terms in Employment Contracts, Payment in Lieu of Notice (pilon), Termination of Employment, Express Vs Implied Contractual Terms
Employment Law Contract Law Implied Terms in Employment Contracts Payment in Lieu of Notice (pilon) Termination of Employment Express Vs Implied Contractual Terms

Case Brief

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Parties

John Morrish

Respondent

NTL Group Limited

Appellants

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether an employer can summarily dismiss an employee by making payment in lieu of notice despite an express contractual requirement for written notice
  2. 2 Whether a term entitling dismissal with payment in lieu of notice is implied ex lege into the contract

Ratio Decidendi

The express contractual term requiring twelve months written notice of termination prevails over any implied term allowing summary dismissal with payment in lieu; the contract's wording is clear and sufficient to oust the implied term ex lege.

Court Disposition

appeal refused

Orders

  • Remitted the case to the sheriff to proceed as accords
  • Appellants found liable to the respondent in the expenses of the appeal, as taxed