EAT CONTRACT OF EMPLOYMENT – implied term/variation/construction of term
By a rule relating to transfer and promotion (‘the six week rule’) introduced into their contracts of employment by collective agreement in a new form in 2000 it was provided that Respondent’s employees would ‘ . . receive the pay and conditions of the new post when they move to it, but in any case, no later than six weeks after being informed of the selection’.
There was an issue of construction as to whether the phrase ‘pay and conditions’ in the six week rule included certain supplements introduced in 1999.
Taking account of all the relevant background material in accordance with Investors Compensation Scheme v West Bromwich Building Society [1998] 1 All ER 98 the proper construction was that it did include those supplements, contrary to the finding of the Employment Judge.
Shanks HHJ
[2014] UKEAT 0178 – 14 – 2611
Bailii
England and Wales
Employment
Updated: 24 December 2021; Ref: scu.539352