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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Spackman v London Metropolitan University [2007] IRLR 744

The employee took part in “action short of a strike” as part of a national dispute over pay for university lecturers. The action involved a boycott of certain duties. The university imposed a 30% reduction in salary for staff who were taking such action.

HELD The fact that the employer has not locked out the employee by barring them from the workplace nor prevented them from doing other work, does not itself amount to acceptance by the employer of the work that the employee in fact undertakes as sufficient performance of the contract. The quantum meruit principle does not apply to such cases:

“employees engaging in collective industrial action take the risk that even if they present for work and undertake some or the most part of their ordinary duties the employer may pay them nothing at all of what they might otherwise be paid. If they get anything it will be more than they were legally entitled to expect.

All the more so where (as in this case) the employer had expressly said that full pay will not be paid to participants and that any payments made will be substantially less than normal salary. If, having taken the risk, the employee is dissatisfied with the result, I do not consider that the law of contract—through the medium of ‘quantum meruit’—gives rise to any lawful claim” (para 61).

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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