Disavowing an Implied Term of Fairness
本文反驳了上诉法院在Burn v Alder Hey案中暗示雇佣合同包含要求雇主在纪律处分过程中公平行事的隐含条款，认为承认该条款是错误的。
Abstract In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In an article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.