Mr S Masters v Sharman Quinney Holdings Ltd: 6019533/2025

70. In cases where a breach of the implied term is alleged, I should look at the employer's conduct as a whole and determine whether it is such that its effect, judged reasonably and sensibly, is such that the employee cannot be expected to accept it. The tribunal has to decide whether the conduct in question in a particular case amounted to a breach of the term, by considering: i) Whether there was a ‘reasonable and proper cause’ for the conduct; and ii) If not, whether the conduct was…