Workplace Report October 2003

Features: Law Contracts

Incorporated terms

Case 1: The facts

Wood Hall Personnel & Transport reached a collective agreement with the union which clearly said workers had the right to 20 days' holiday a year and the terms and conditions document said that there was an additional entitlement to bank and public holidays off. However, the company later published a staff handbook suggesting that bank and public holidays formed part of the 20 days' annual leave.

The ruling

The Employment Appeal Tribunal (EAT) held that the effect of the collective agreement had been to amend existing contracts giving workers the right to 20 days' leave plus public holidays. The attempt by the employer in the staff handbook to change the agreements was unilateral and void.

* Wood Hall Personnel & Transport v Harris and Gonsalvez EAT/0156/02