Atkinson, Joe (2022) Johnson v Unisys Ltd (2001): A Compelling Constitutional Vision of Common Law and Statute?. In, Davies, A.C.L., Adams-Prassl, Jerermias and Bogg, Alan (eds.) Landmark Cases in Labour Law. 1 ed. Hart, pp. 267-298. (doi:10.5040/9781509944293.ch-012).
Abstract
In Johnson v Unisys the House of Lords confirmed the longstanding orthodoxy that the common law places no restraints on the manner employers may exercise their power of dismissal. The decision is undoubtedly deserving of landmark status. Both because it sharply limited the ongoing development of implied terms as a means of constraining managerial power, and due to the reasoning adopted by the House of Lords, namely that the presence of the statutory unfair dismissal framework prevented them from developing the common law.
[1] Johnson v Unysis Ltd [2001] UKHL 13, [2003] 1 AC 518.
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