Millard v Grampian Joint Fire Board [1999] ScotCS 303 (21 December 1999)

Millard v Grampian Joint Fire Board [1999] ScotCS 303 (21 December 1999)

The pursuer did not express any contemporaneous objection to being transferred from the flexible duty system, and by accepting and working under the new terms, he consented to the change. The defenders were not in breach of contract.

Citation
[1999] ScotCS 303
Parties
Pursuer: Stephen Nigel Millard; Defender: Grampian Joint Fire Board
Jurisdiction
Scotland
Judgment Date
21 December 1999
Procedural Posture
Civil / Procedure Roll Discussion, Motion to Dismiss
Outcome
action dismissed
Legal Topics
Breach of Contract, Terms of Employment, Collective Agreements, Flexible Duty Allowance, Employee Consent
Employment Law Contract Law Breach of Contract Terms of Employment Collective Agreements Flexible Duty Allowance Employee Consent

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Parties

Stephen Nigel Millard

Pursuer

Grampian Joint Fire Board

Defender

Procedural Posture

Civil / Procedure Roll Discussion, Motion to Dismiss

Legal Issues

  1. 1 Whether the pursuer was entitled to remain on the flexible duty system and receive the flexible duty allowance under his contract of employment
  2. 2 Whether the defenders breached the contract by transferring the pursuer from the flexible duty system against his will

Ratio Decidendi

The pursuer did not express any contemporaneous objection to being transferred from the flexible duty system, and by accepting and working under the new terms, he consented to the change. The defenders were not in breach of contract.

Court Disposition

action dismissed

Orders

  • defenders' first plea-in-law upheld
  • action dismissed