Grant v Kent County Council

Grant v Kent County Council

The court held that duties necessary for the proper performance of the employee's role may be considered 'required' under the contract, but expressed concern about the EAT's additional inclusion of duties 'expected by the Council' as potentially too vague. Permission to appeal was granted on the condition that the Council would bear both sides' reasonable costs if the appeal proceeds.

Parties
Claimant/respondent: Richard Grant; Defendant/appellant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
09 December 2003
Procedural Posture
Employment Appeal / Application for Permission to Appeal From Employment Appeal Tribunal Decision
Outcome
Permission to appeal granted, conditional on 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 / 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 court held that duties necessary for the proper performance of the employee's role may be considered 'required' under the contract, but expressed concern about the EAT's additional inclusion of duties 'expected by the Council' as potentially too vague. Permission to appeal was granted on the condition that the Council would bear both sides' reasonable costs if the appeal proceeds.

Court Disposition

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

Orders

  • Application for permission to appeal granted.
  • Council to decide within 14 days whether to proceed and pay both sides' reasonable costs.