header-logo header-logo

04 October 2007
Issue: 7291 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll