Miles v Wakefield Metropolitan District Council

Miles v Wakefield Metropolitan District Council [1987] UKHL 15 is a UK labour law case, concerning the theory of partial performance and strike action.

Following the union, National and Local Government Officials, in industrial action he stopped working on Saturday mornings for weddings.

[1] If an employee offers partial performance, as he does in some types of industrial conflict falling short of a strike, the employer has a choice.

He may decline to accept the partial performance that is offered, in which case the employee is entitled to no remuneration for his unwanted services, even if they are performed.Lord Templeman said that an employee and a government office holder should be treated alike, just as a Dickensian or Thackery example of a person at the Department of Circumlocution and Sealing Wax suggested.

‘In those circumstances [of "go slow" action], the worker cannot claim that he is entitled to his wages under the contract because he is deliberately working in a manner designed to harm the employer.

But the worker will be entitled to be paid on a quantum meruit basis for the amount and value of the reduced work performed and accepted.