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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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