Wiluszynski v London Borough of Tower Hamlets [1989] ICR 439 is a UK labour law case concerning the contract of employment. It held that if an employment was only partly performed due to a strike, this could be construed as not completing an entire obligation, so that even if an employer has received much more value, they need to pay nothing.

This case has been criticised on the ground that it fails to give adequate weight to the context of employment contracts, which differ from commercial contracts, particularly in light of developments in the law of unjust enrichment

Unjust enrichment

Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.Definition:...

 and the decision of Autoclenz Ltd v Belcher

Autoclenz Ltd v Belcher

Autoclenz Ltd v Belcher [2011] is a significant UK labour law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals...

.

Facts

Mr Marek Wilusyzynski was a member of the trade union, the National and Local Government Officers Association, whose strike plan was to refuse to answer enquiries from the Liberal/SDP controlled council members. This was only a very small proportion of his duties as a housing officer, because he dealt mainly with complaints directly from tenants. He made up three hours of work after five weeks of industrial action. Yet the council had warned that no payment would be mad if work was not performed. John Hendy and Jeremy McMullen for Marek.

The first instance court said there had been substantial performance of the job, and management acquiesced in the variation.

Judgment

Nicholls LJ in the Court of Appeal held that no payment was due to the striking workers, because they had only partly performed an entire obligation of their contracts.

See also

• UK labour law
• Employment contract in English law
  Employment contract in English law
  An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of...
  
  
• Autoclenz Ltd v Belcher
  Autoclenz Ltd v Belcher
  Autoclenz Ltd v Belcher [2011] is a significant UK labour law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals...
  
  [2011] UKSC 41
• British Telecommunications plc v Ticehurst [1992] ICR 383, part performance and business efficacy
• Miles v Wakefield Metropolitan District Council [1987] AC 539
• Hoenig v Isaacs
  Hoenig v Isaacs
  Hoenig v Isaacs [1952] is an English contract law case, concerning substantial performance of an entire obligation.-Facts:Mr Hoenig was meant to decorate and furnish Mr Isaac’s flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix...
  
  [1952] EWCA Civ 6