Where necessary, details of work abroad and currency of pay

Where necessary, details of work abroad and currency of payThe statement is not the contract, it is merely evidence of it

System Floors v Daniel [1982] ICR 54 (EAT)

Held Browne-Wilkinson: ‘It [the statement] provides very strong prima facie evidence of what were the terms of the contract between the parties, but does not constitute a written contract between the parties.

[And on the issue of the statement as evidence…]

Nor are the statements of the terms finally conclusive: at most they place a heavy burden on the employer to show that the actual terms of the contract are different from those which he had set out in the statutory statement’.
Variation

ERA 1996, s.4. Employees must be informed of any variation within one month of the change.

Continuing to work under the variation may amount to acceptance. Henry v London General Transport [2002] ICR 910 (CA)

Pill LJ [23]: ‘….I would find it extremely difficult to conclude other than that the employees had accepted the revised terms. I bear in mind the petitions and their content but, having presented them, the applicants worked upon the same rotas and terms of employment as a very large number of fellow employees, who had expressly accepted the terms, for a period of two years before instituting the present proceedings.
Burdett-Coutts v Herts CC [1984] IRLR 91 (QBD)
Other Documents

The rulebook is not part of the contract. It is merely the employers’ directions of how to do the job, which may be changed by the employer at any time: Secretary of State for Employment v ASLEF (No 2) [1972] 2 QB 455 (CA)

Collective agreements
Legal status
Section 179 Trade Union and Labour Relations (Consolidation) Act 1992
Incorporation

The fact that a collective agreement is not legally binding between the negotiating

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