The claimants applied under CPR Part 8 for a declaration in relation to their terms of employment after the introduction of a policy of attendance management by the defendant. The proceedings were representative proceedings backed by recognised unions The case raised three questions:
First, prior to July 2012, were the relevant attendance management provisions of each ‘Departmental Staff Handbook’ terms of each claimant’s contract of employment?
Secondly, if so, was the defendant entitled to vary those terms unilaterally in July 2012?
Thirdly, if not, should the court grant a declaration in the circumstances of the case?
Held: The handbook was incorporated into the contracts and the employer was not allowed to act in breach of it.
Judges:
Globe J
Citations:
[2015] EWHC 181 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Department for Transport v Sparks and Others CA 14-Apr-2016
Appeal by the Department for Transport from a judgment making declarations that certain terms, identified in a schedule to the order, were terms of the contracts of employment between the Department and the respondents.
Held: The employer’s . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 26 May 2022; Ref: scu.542254