Jones v Associated Tunnelling Co Ltd [1981] UKEAT 523_80_1610 (16 October 1981)

Jones v Associated Tunnelling Co Ltd [1981] UKEAT 523_80_1610 (16 October 1981)

The contract of employment impliedly permitted the employer to require Mr. Jones to work at any site within reasonable daily commuting distance from his home, and bunkering work was not essentially different from tunnelling work, thus no breach of contract occurred.

Citation
[1981] UKEAT 523_80_1610
Parties
Appellant: Mr. Jones; Respondent: Associated Tunnelling Co. Ltd.
Jurisdiction
United Kingdom
Judgment Date
16 October 1981
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Redundancy Payment, Implied Terms, Mobility Clause, Variation of Contract
Employment Law Constructive Dismissal Redundancy Payment Implied Terms Mobility Clause Variation of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Mr. Jones

Appellant

Associated Tunnelling Co. Ltd.

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the employer was entitled to require Mr. Jones to work at a different colliery (mobility issue)
  2. 2 Whether the employer could require Mr. Jones to do bunkering work as opposed to tunnelling work (work issue)

Ratio Decidendi

The contract of employment impliedly permitted the employer to require Mr. Jones to work at any site within reasonable daily commuting distance from his home, and bunkering work was not essentially different from tunnelling work, thus no breach of contract occurred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; industrial tribunal decision affirmed; cross-appeal not considered; leave to appeal to Court of Appeal granted.