Blyth v Scottish Liberal Club, 1983 SLT 260
Citation: Blyth v Scottish Liberal Club, 1983 SLT 260
Rule of thumb: Can you be sacked for minor breaches of contract, such as not turning up to a meeting? No, as a general rule, however, there is a grey area, because if minor terms are still fundamental to the job & area repeatedly not complied with, especially with indifference shown to them, then this can be a sackable offence. So, if you do not provide an excuse like a headache or getting tied up in another matter for not attending, and say something like, ‘I could not be bothered’, then that could be a sackable offence.
Judgment:
The basic facts of this case were that there was a managing secretary of a private members club who refused to comply with basic obligations under his contract, specifically regarding meetings with the committee, although he did not totally abdicate his duties in the job. The Court held that where there is a clear intent to regularly ignore some aspects of the contract then this amounts to clear disobedience and a repudiatory breach – employees have to show a willingness to engage with disciplinary processes and follow direct orders of their employees or they will be deemed to be in material breach of their contract. The Court stated the general rule that even if someone’s contract would not in material breach itself, if there is a clear intention not to follow the terms of the contract and terms have been broken deliberately or recklessly, then this is deemed to be a material breach, ‘as he then was, in the Outer House in Edinburgh Grain Ltd v Marshall Food Group Ltd. At page 22 he said this: "What, in my view, is required for repudiation is conduct demonstrative of an intention not to perform fundamental contractual obligations as and when they fall due’, Lord Hamilton
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.