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
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Bank Ltd
Appellant
Mr. Akhtar
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether United Bank Ltd was in repudiatory breach of contract by requiring Mr. Akhtar to relocate without reasonable notice or assistance
- 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
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