Lone husband in double jeopardy

Another disturbing story, which I am sure has a slightly more rational explanation than I have received, implies that a pub manager can be sacked if his wife leaves him.

This sounds both a harsh and unfair dismissal, in the legal sense. But it may not be. That depends on the terms of the contract agreed and entered into by the couple and the brewery.

Employment law recognises that there will be circumstances in which a couple, whether legally husband and wife or not, may be jointly employed to carry out the job in question. This happens in both the pub and club trades and has been an acknowledged practice for some time.

In cases which have come before the tribunals or the courts, it has been held that misconduct or incapacity by one member of a husband-and-wife team justifies termination of the contract for both. It is considered "some other substantial reason" in the jargon of employment acts which justify dismissal.

So where it has been made clear at the outset that the contract involves both partners, that they are jointly employed and expected to perform duties laid down as a team, the departure of one of them effectively torpedoes the whole contract, so that the remaining partner appears to be "dismissed".

What has happened in law is that the performance of the contract required by the employer is no longer possible. Now, that may not be the end of the affair, particularly nowadays, where breweries and operating companies may make contracts with any variety of pairings or groups. But in terms of the agreement originally made, the contract as it existed may well be at an end.

Those currently employed in the licensed trade would do well to make enquiries as to what would happen in similar, but not necessarily identical, circumstances. For example, the trade has a long tradition of giving a "widow's year", but this is not a legal requirement. It might be prudent to find out what the employer's or lessor's current practice is on this, for either partner.

The question of employment rights, in spite of well-meaning trade lawyers, is still one of the most widely misunderstood topics in the industry. It is not always simple, and perhaps the necessary details are not always spelled out in a clear and unambiguous way.