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NOTICE OBLIGATIONS: Forced labour

03 October 2014  

Julian Yew looks at a recent case in which an employee continued to be bound by his contract even though the employer was no longer required to pay him

Specific performance is a remedy whereby the courts compel a party who is in breach of contract to perform a specific act required under that contract. It is rarely granted in the case of employment contracts, however, as the courts are reluctant to impose positive obligations in an agreement for personal services. The doctrine was recently considered in Sunrise Brokers LLP v Rodgers [2014], in which an employee continued to be bound by his contract despite having resigned.

Additional Info

  • Case(s) Referenced:

    Cresswell v Board of Inland Revenue [1984] ICR 508

    Elsevier Ltd v Munro [2014] EWHC 2648

    Evening Standard Co Ltd v Henderson [1986] EWCA Civ 9

    Henthorn and Taylor v CEGB [1980] IRLR 361

    Mezey v South West London and St George's Mental Health NHS Trust [2010] EWCA Civ 293

    Miles v Wakefield MDC [1987] UKHL 15

    Société Générale, London Branch v Geys [2012] UKSC 63

    Sunrise Brokers LLP v Rodgers [2014] EWHC 2633

    Warren v Mendy [1989] 3 All ER 103

    Wiluszynski v Tower Hamlets [1989] IRLR 259