The Industrial Cases Reports
[2025] ICR 107
Supreme Court
Union of Shop, Distributive and Allied Workers and others v Tesco Stores Ltd
[2024] UKSC 28
2024 April 23, 24;
Sept 12
Sept 12
Lord Reed PSC, Lord Lloyd-Jones, Lord Leggatt, Lord Burrows, Lady Simler JJSC
Employment— Contract of employment— Implied term— Employer seeking to relocate employees— Employees agreeing to new contracts with provision for retained pay as incentive to relocate— Retained pay expressed to be “permanent” contractual feature “guaranteed for life”— Contracts containing term entitling employer to terminate contract on provision of notice— Employer seeking to terminate contracts and re-engage employees on terms not including entitlement to retained pay— Whether employer entitled to do so— Whether prevented by term to be implied in contracts
Employment— Contract of employment— Injunction— Employer seeking to terminate contracts with provision for retained pay and re-engage employees on terms not including entitlement to retained pay— Employees seeking injunction requiring employer to continue employing them on retained pay— Whether damages adequate— Whether breakdown of mutual trust and confidence— Whether injunction to be granted