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Transco plc v O'Brien

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Main page Transco plc v O'Brien [2002] EWCA Civ 379 is a UK labour law case concerning the contract of employment.
Transco plc v O’Brien
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Mr O’Brien worked through an employment agency. He moved to an hourly wage. Transco announced it would give better terms to a 70 strong workforce, except Mr O’Brien, who it did not Decided 7 March 2002

Tools regard as permanent. Citation(s) [2002] EWCA Civ 379

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Related changes Judgment [ edit ] Pill LJ
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Pill LJ gave the judgment for the Court of Appeal held that Mr O'Brien was an employee and that there had been a breach of contract.
Permanent link Judge(s) Pill LJ, Longmore LJ and Sir
Page information sitting Martin Nourse
11. The appellants accept that a term can be implied into a contract of employment that the employer will not "without reasonable and proper cause, conduct itself in a manner
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likely to destroy or seriously damage the relationship of confidence and trust between employer and employee": Lord Nicholls of Birkenhead in Malik v Bank of Credit and Keywords
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Commerce International SA [1998] AC 20 at page 34... Employment contract
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17. In this case, for good commercial reasons the appellants decided to offer their workforce (the relevant part of which was over 70 strong) a new contract on better terms. To
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single out an employee on capricious grounds and refuse to offer him the same terms as are offered to the rest of the workforce is in my judgment a breach of the implied term
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of trust and confidence. There are few things which would be more likely to damage seriously (to put it no higher) the relationship of trust between an employer and employee
Languages than a capricious refusal, in present circumstances, to offer the same terms to a single employee.
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18. The matter should be looked at as one of substance. Whether the form of the change proposed by the employer is by way of variation or by way of a new contract is not in
itself of great importance: the context and the substance of the matter must be considered. The substance here was an offer of fresh contractual arrangements to a workforce in
order to achieve the employer's aims and objects, though the welfare of the workforce may well also have been a factor. To deprive one member of a large workforce of the
same opportunity as offered to all his fellow workers is a clear breach of the implied term, in my view.

Longmore LJ and Sir Martin Nourse agreed.

See also [ edit ]

UK labour law V ·T ·E Employment contract cases [hide]

Employment contract in English law Johnson v Unisys Ltd [2001]
Gisda Cyf v Barratt [2010]
Autoclenz Ltd v Belcher [2011] UKSC 41
Employment Information Directive
Employment Rights Act 1996 ss
Notes [ edit ] Devonald v Rosser & Sons [1906] 2 KB 728
Sagar v Ridehalgh & Sons Ltd [1931] 1 Ch 310
Wiluszynski v Tower Hamlets LBC [1989] ICR 439
References [ edit ] SS for Employment v ASLEF (No 2) [1972] ICR 19
System Floors (UK) Ltd v Daniel [1982] ICR 54

External links [ edit ]

Scally v Southern Health Board [1992] 1 AC 294
Crossley v Faithful & Gould Ltd [2004]
UCTA 1977 ss
Keen v Commerzbank AG [2006]
Johnstone v Bloomsbury Health Authority [1991] 2 All ER 293
Dryden v Greater Glasgow Health Board [1992] IRLR 469
French v Barclays Bank plc [1998]
Alexander v Standard Telephones Ltd (No 2) [1991] IRLR 287
TULRCA 1992 ss 179-180
Kaur v MG Rover Group Ltd [2004]
Malone v British Airways plc [2010] `
see Employment contract in English law

Categories: United Kingdom labour case law Court of Appeal (England and Wales) cases 2002 in case law 2002 in British law United Kingdom employment contract case law

This page was last edited on 23 August 2020, at 09:24 (UTC).

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