Thread by @JasonBraier

1/ Altes v Essex Uni: An appeal on contractual construction of the termination clauses of A's contract of employment, with the EAT dismissing the appeal & holding the uni entitled to terminate as it did.
bailii.org/uk/cases/UKEAT…
#ukemplaw

2/ A was employed as a lecturer in French. She was given notice of termination during her probation period due to unlikelihood she'd achieve satisfactory progress against her probation targets before probation ended. A claimed she could only be dismissed for good cause.

3/ The EAT set out agreed principals of contractual construction from West Bromwich, Arnold v Britton & Wood v Capita related to relevant facts imputed to the reasonable man construing the term, the limits of commercial common sense as a construction tool, & natural meaning.

4/ A's position was that the contract didn't allow for curtailment of the probationary period per se, but only termination at its end for failure to meet expectations or termination beforehand for good cause for matters relating to discipline or capability.

5/ In construing the various contractual provisions & Ordinances in this case, the EAT adopted an iterative approach to construction through which the conclusion was reached that the Uni wasn't limited to dismissals for good cause within the probationary period.

6/ HHJ Tayler was reassured that the constructive conclusion he reached was also one that he considered consistent with the view of the reasonable man armed with the relevant factual background information & also consistent with commercial common sense.