Contractual terms

Case 5: The facts

At the Christmas dinner-dance, Mr Judge's employer promised him that his pay would be increased within two years to bring it in line with that of a colleague doing the same job. Although Judge's pay rose substantially during that period, he was still earning less than his colleague.

He resigned and claimed constructive dismissal, arguing that there had been a breach of trust and confidence and that his employer's failure to keep his promise was a fundamental breach of contract.

The ruling

The EAT held that Judge's employer had not intended to create a legal contract when he made the promise, but had simply offered "words of comfort". There was no breach of contract, and Judge had not been constructively dismissed.

Judge v Crown Leisure UKEAT/0443/04