GFTU Emplaw Emplaw Emplaw

Willow Oak Developments Ltd v Silverwood & ors - employees unfairly dismissed for refusing to accept new restrictive covenants - CA 25.5.06

Depending on the circumstances, refusal by an employee to agree to a change in his terms of employment (in this case acceptance of a new restrictive covenant) is capable of amounting to some other substantial reason justifying dismissal. However on the facts of this particular case, the employer had acted unreasonably in treating employees' refusal to accept restrictive covenants as a sufficient reason for the dismissal. The dismissals were therefore unfair under the general "fairness" provisions of ERA 1996 s.98(4).

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.