Staff handbook provisions and new illegal working offences

Legal updates

Kathryn Dooks, Employment Partner at Kemp Little LLP

Kathryn.Dooks@kemplittle.com

Staff handbook provisions found to be incorporated into employment contracts

The Court of Appeal ruled in Department for Transport v Sparks [2016] EWCA Civ 360 that an absence management procedure set out in a staff handbook had been incorporated into the employees’ contracts of employment. This meant that the employer could not reduce the number of days’ absence which triggered the process without the employees’ consent.

The Court of Appeal held that the provisions in question were sufficiently precise to be apt for incorporation into the contract and were therefore contractual and could not be changed unilaterally. However, the Court noted that each case would turn on its own facts and much would depend on the wording of the documents in question.

To read the full article download the attachment below please

 

This content has download attachments that are only available to techUK member users. Login with your techUK account to view and download attachments.

If you would like to know more about membership please visit Become a member page to contact our membership team.

FROM SOCIAL MEDIA

.@techUK's @G_Derrington discusses the current concerns from industry when it comes to skills policy and Brexit in… https://t.co/phiHP5YuLb
. @sagegroupplc & @Atos joined us today in supporting a new UK France digital conference announced today by @DCMS.… https://t.co/rQDouW3hXB
Ruth Milligan, Head of Financial Services & Payments @techUK, debunks so pervasive myths around #OpenBanking and hi… https://t.co/HZ6ojwhZJY
@techUK, @sagegroupplc and @Atos join to welcome new UK France tech summit. We look forward to deeper collaboration… https://t.co/uoo7SPMON8
Nominations now open for the 3rd Great British Scaleup Event 6-7 March 2018. Assess your scale-up potential & find… https://t.co/9dPJm538Ku
.@techUKCEO supports new tech conference with France to discuss pressing issues around technologies such as AI… https://t.co/9rzwZbsz0i
The data center sector struggles to attract and retain female staff, especially in technical roles. What are we doi… https://t.co/FDDmqG99WH
Meet the #govtech innovator of the month @carlosatshaping @ShapingCloud helping transform public services https://t.co/nW5JE1z4KD
Nominations now open for the 3rd Great British ScaleUp Event 6-7 Mar 2018. Assess your scale-up potential & find ou… https://t.co/U2P8AxFnLm