United Bank Ltd v Akhtar [1989] UKEAT 230_88_1210 (12 October 1989)

United Bank Ltd v Akhtar [1989] UKEAT 230_88_1210 (12 October 1989)

The Bank was in repudiatory breach by failing to give reasonable notice and not exercising discretion to provide relocation allowances, rendering performance impossible and breaching implied terms necessary for the contract's operation.

Source-derived case information.

Citation
[1989] UKEAT 230_88_1210
Parties
Appellant: United Bank Ltd; Respondent: Mr. Akhtar
Jurisdiction
United Kingdom
Judgment Date
12 October 1989
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Implied Terms, Mobility Clauses, Reasonable Notice, Exercise of Discretion
Employment Law Contract Law Constructive Dismissal Implied Terms Mobility Clauses Reasonable Notice Exercise of Discretion

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Parties

United Bank Ltd

Appellant

Mr. Akhtar

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

  1. 1 Whether United Bank Ltd was in repudiatory breach of contract by requiring Mr. Akhtar to relocate without reasonable notice or assistance
  2. 2 Whether implied terms regarding reasonable notice and exercise of discretion apply to mobility clauses in employment contracts

Ratio Decidendi

The Bank was in repudiatory breach by failing to give reasonable notice and not exercising discretion to provide relocation allowances, rendering performance impossible and breaching implied terms necessary for the contract's operation.

Court Disposition

appeal dismissed

Orders

  • Industrial Tribunal's decision stands
  • No further relief granted