Employment Law

Eighth edition

by Deborah Lockton

Update for Chapter 3

Terms of the Contract

This update was last revised in October 2012
3.3.2 Disciplinary and Grievance procedures
At the end of the first paragraph please add:

Detailed consideration of when disciplinary procedures do become contractual were given by Mr Justice Smith in Hussain v Surrey and Sussex Healthcare NHS Trust[2011] EWHC 1670 (QB) at paras 146 -177. He concluded that as certain procedures had been brought to the claimant's notice, and had been invoked with other employees in the past, that such procedures were contractual and the Trust was in breach of contract for failing to implement them correctly.
3.6 Implied Terms
After the discussion of Mears v Safecar Security Ltd please add:

In Garratt v Mirror Group Newspapers [2011] EWCA Civ 425 the Court of Appeal held that a term requiring the claimant to sign a compromise agreement before receiving an enhanced redundancy payment could be implied into his contract of employment because a) no previous employee had received an enhanced payment without signing a compromise agreement since 1993; b) the requirement to do so was expressly notified to all employees identified as redundant; c) no other employee had insisted on an enhanced payment without signing the compromise agreement; d) the claimant knew, before the redundancy process started that he would have to sign the agreement in order to receive the enhanced payment.