| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 65 (Oct) |
| Neutral Citation: | [2006] EWCA Civ 1277 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Auld, Dyson LJJ and Sir Martin Nourse |
| Representation | Timothy Brennan QC and Akash Nawbatt (instructed by Abel-Brown) for the claimant. |
| Geoffrey Cox QC and Richard Davidson (instructed by Dechert LLP) for the defendant. | |
| Judgment Dates: | 5 October 2006 |
Catchwords
Employment - Contract of service - Construction - Written statement of employment terms incorporating by reference employer's staff handbook - Whether provisions in handbook relating to enhanced redundancy payments part of contract.
The Case
Where a contract of employment expressly incorporated an instrument such as a collective agreement or staff handbook, it did not necessarily follow that all the provisions in that instrument or document were apt to be terms of the contract. Some provisions, read in their context, might be declarations of an aspiration or policy falling short of a contractual undertaking. It was necessary to consider in their respective contexts the incorporating words and the provision in question incorporated by them.
Practice Areas
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