Igbo v Johnson, Matthey Chemicals Ltd

Igbo v Johnson, Matthey Chemicals Ltd
CourtCourt of Appeal of England and Wales
Citation[1986] ICR 505
Keywords
Unfair dismissal

Igbo v Johnson, Matthey Chemicals Ltd [1986] ICR 505 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.

Facts

Ms Igbo was granted three extra days holiday for signing an agreement that if she failed to return on a set date ‘your contract of employment will automatically terminate’. She was ill, and sent in a medical note, but her job was still terminated.

Judgment

Parker LJ held that agreed terminations are very often still dismissals, as under the Employment Rights Act 1996 section 95(1)(b) where fixed term contracts expire, or where there is notice under section 95(1)(a). Here the provision for automatic termination had the effect, if valid, of limiting the operation of the sections. It was therefore void by virtue of section 203.

See also

  • v
  • t
  • e
Unfair dismissal cases
ILO Termination of Employment Convention, 1982 C 158
Employment Rights Act 1996 ss 94-132
R (Seymour-Smith) v SS for Employment [2000] UKHL 12
Gisda Cyf v Barratt [2010] UKSC 41
Kwik-Fit (GB) Ltd v Lineham [1992] ICR 183
Western Excavating (ECC) Ltd v Sharp [1977] EWCA Civ 2
Adamas Ltd v Cheung [2011] UKPC 32
Ford v Warwickshire CC [1983] 2 AC 71
HSBC Bank plc v Madden [2000] EWCA Civ 3030
Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36
Nelson v British Broadcasting Corporation (No 2) [1980] ICR 110

Notes

References