The complainants were local authority manual workers. The ‘blue book’ governing their terms required contracts to be for 37 hours unless justified otherwise, and for hours above that to be paid at overtime rates. These employees had contracts at 39 hours. They claimed that the additional 2 hours should have been paid at such rates. The authority claimed that the agreement with those workers was a variation of the Blue Book conditions. The particular overruled the general. The employees contended there was no conflict, but only an underpayment.
Held: There was no evidence of variation of the conditions, and the authority’s appeal failed.
The Honourable Lord Johnston
Unreported 5 Sep 2001
Employment Rights Act 1996 13
England and Wales
Citing:
Cited – Modern Building Wales Ltd v Limmer and Trinidad Co Ltd CA 1975
Where a contract incorporates by reference the terms of another document, the incorporating contract will usually prevail over the terms of document incorporated.
Buckley LJ said, ‘if any of the imported terms in any way conflict with the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.168322