“…n-capriciously and having regard only to all relevant factors. The implied term is derived from the judgment of the Supreme Court in Braganza v BP Shipping Ltd [2015] ICR 449 but I find has no application as it is an allegation of a failure to exercise an alleged discretion in R's favour- the Braganza term covers the exercise of con…”
“…oncepts of public law into the employment contract, so that the employer’s decision-making process in a case such as Braganza v BP Shipping Ltd [2015] UKSC 17; [2015] ICR 449 had to be reasonable in the Wednesbury sense: Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223. In my view, if the law were to imply…”
“… scrutinise the exercise of powers or discretions by employers in cases involving an imbalance of power between contracting parties (see Braganza v BP Shipping [2015] ICR 449 (SC)). I do not agree however, that this is a case involving specific criteria to be applied in the exercise of such discretion, or that all criteria are forma…”