EAT Contract of Employment: Implied Term/Variation/Construction of Term – 1. The Employment Judge erred in law in concluding that there was no significant difference between the Securicor contract in the year 2000 and the PCL terms and conditions in 2010. On the true construction of the Securicor contract the employer was obliged to provide full-time work, i.e. generally 56 hours per week unless otherwise agreed.
2. The Employment Judge erred in law in failing to address in her Reasons the question whether, applying Regulation 3(1)(a) of Transfer of Undertakings (Protection of Employment) Regulations 2006, there was a transfer of an undertaking or part of an undertaking from PCL to Ward Security.
David Richardson HHJ
[2015] UKEAT 0078 – 14 – 2707
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552829