Home Office v Pledger & Anor [1997] UKEAT 156_97_0306 (3 June 1997)

Home Office v Pledger & Anor [1997] UKEAT 156_97_0306 (3 June 1997)

Paragraph 2913 of the Code forms part of the express contract, permitting management to alter shift patterns including start times. Practice cannot override express terms. The written statement accurately reflects the contract.

Citation
[1997] UKEAT 156_97_0306
Parties
Appellant: Home Office; Respondent: Pledger; Respondent: Jones
Jurisdiction
United Kingdom
Judgment Date
03 June 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal allowed
Legal Topics
Written Particulars of Employment, Contractual Terms, Shift Patterns, Hours of Work
Employment Law Written Particulars of Employment Contractual Terms Shift Patterns Hours of Work

Case Brief

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Parties

Home Office

Appellant

Pledger

Respondent

Jones

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the written statement of terms and conditions accurately reflected the contractual terms regarding shift start times
  2. 2 Whether paragraph 2913 of the Civil Service Pay and Conditions Code permitted management to alter shift start times

Ratio Decidendi

Paragraph 2913 of the Code forms part of the express contract, permitting management to alter shift patterns including start times. Practice cannot override express terms. The written statement accurately reflects the contract.

Court Disposition

appeal allowed

Orders

  • declaration set aside
  • complaints dismissed