Howell v. Consignia Plc [2001] UKEAT 0847_00_1112 (11 December 2001)

Howell v. Consignia Plc [2001] UKEAT 0847_00_1112 (11 December 2001)

The collective agreement was not incorporated into the individual contract of employment. The employer lawfully varied the contract by notifying employees of the new overtime rates in the Post Office Gazette. The appellant was not entitled to the enhanced overtime rate for Bank Holidays, as the supplement was...

Source-derived case information.

Citation
[2001] UKEAT 0847_00_1112
Parties
Appellant: Mr Howell; Respondent: Consignia Plc (Royal Mail)
Jurisdiction
United Kingdom
Judgment Date
11 December 2001
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Variation of Employment Contracts, Collective Agreements, Overtime Pay, Incorporation of Collective Agreements, Pensionable Pay
Employment Law Contract Law Variation of Employment Contracts Collective Agreements Overtime Pay Incorporation of Collective Agreements Pensionable Pay

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Parties

Mr Howell

Appellant

Consignia Plc (Royal Mail)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the collective agreement was incorporated into the individual contract of employment
  2. 2 Whether the method of calculating Bank Holiday overtime was lawfully varied
  3. 3 Whether the appellant was entitled to an enhanced overtime rate for Bank Holidays

Ratio Decidendi

The collective agreement was not incorporated into the individual contract of employment. The employer lawfully varied the contract by notifying employees of the new overtime rates in the Post Office Gazette. The appellant was not entitled to the enhanced overtime rate for Bank Holidays, as the supplement was excluded from overtime calculations by the new terms.

Court Disposition

Appeal dismissed