A contractual power of summary termination expressed as exercisable 'in the opinion of' the employer may, depending on context, require proof of the objective occurrence of misconduct rather than merely the employer's subjective opinion. Where the contract contains a separate disciplinary clause requiring actual breach as a precondition, the termination clause should be harmonised with it. An employer exercising an opinion-based termination power must act reasonably in the Wednesbury sense, at least as to process. The question whether an employer's power to terminate on notice 'for any reason' is subject to an implied obligation of reasonableness or good faith remains unresolved.
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