Wiluszynski v London Borough of Tower Hamlets

Wiluszynski v London Borough of Tower Hamlets [1989] ICR 439 is a UK labour law case concerning the contract of employment.

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 London Borough of Tower Hamlets 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.

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.

The contrary conclusion would mean that the defendant would be obliged to continue to employ and pay the plaintiff even though part of the work required of him and others in his position would not be done.