Grant v Kent County Council [2003] EWCA Civ 1917 (09 December 2003)

Grant v Kent County Council [2003] EWCA Civ 1917 (09 December 2003)

The meaning of 'required' in the employment contract includes duties necessary for the proper performance of the role, not limited to those expressly directed or contractually specified. The Employment Appeal Tribunal's broader interpretation stands, subject to further consideration of the 'expected by the Council' limb on appeal.

Citation
[2003] EWCA Civ 1917
Parties
Claimant/respondent: Richard Grant; Defendant/appellant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
09 December 2003
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal From Employment Appeal Tribunal Decision
Outcome
Permission to appeal granted, conditional on the Council's willingness to pay both sides' reasonable costs.
Legal Topics
Contractual Interpretation, Remuneration for Standby Duties, Employment Terms and Conditions
Employment Law Contractual Interpretation Remuneration for Standby Duties Employment Terms and Conditions

Case Brief

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Parties

Richard Grant

Claimant/respondent

Kent County Council

Defendant/appellant

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal From Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether standby hours worked by the applicant were 'required' within the meaning of the employment contract and thus remunerable

Ratio Decidendi

The meaning of 'required' in the employment contract includes duties necessary for the proper performance of the role, not limited to those expressly directed or contractually specified. The Employment Appeal Tribunal's broader interpretation stands, subject to further consideration of the 'expected by the Council' limb on appeal.

Court Disposition

Permission to appeal granted, conditional on the Council's willingness to pay both sides' reasonable costs.

Orders

  • Application for permission to appeal granted.
  • Council given 14 days to decide whether to pursue appeal and accept cost conditions.