Devonald v Rosser & Sons

Devonald v Rosser & Sons 2 KB 728 is a UK labour law case concerning the contract of employment. It held that an implied term of employment contracts is that when there is no work available to be done, the employer must bear the risk by continuing to pay wages.

Facts

In a test case, Mr Devonald was a tinplate rollerman at Rosser & Sons’ factory in Cilfrew, South Wales. He was paid for each completed box of 112 tin plates. His contract said he was required to do the tasks set by the employer and that he would get 28 days' notice before termination. Unfortunately, tinplates were in decline and the employer announced the plant would close in two weeks. There was a six-week period, therefore, when the employer gave no work. The question was whether the employer had to pay, given that payment was really according to piece.

Judgment

Lord Alverston CJ held that the employee did not bear the risk of plant closure.