Luke v Stoke-on-Trent City Council [2007] EWCA Civ 761 is a UK labour law case, concerning the test for an implied term.

The Employment Tribunal dismissed her claim, saying the council acted reasonably saying she could not return to work unless she accepted the report's conclusions.

The express agreement could be construed as a whole in the context of surrounding circumstances whereby it was the claimant's duty to comply with the council's reasonable requirements as long as they were within the contract's scope.

Nothing entitled her to set terms on which she could return to work or continue getting a salary for not teaching there.

It was a reasonable requirement to return and accept the ‘action plan’ and therefore the council was not obliged to keep paying her.