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Contracts of employment: Custom and practice on local holidays not a contractual term

This report relates to 1 case(s)

  • expand disabled

    Cook and others v Diageo [2005] All ER (D) 153 (May) EAT (0 other reports)

Key points

In Cook v Diageo 30.3.05 EATS/0070/04, the EAT holds:

  • The wording of the employees' contracts and a collective agreement, given its ordinary meaning, did not require statutory or occasional holidays to be fixed only by reference to local public holidays set by local authorities or chambers of commerce.
  • Although the context of an agreement or contract and the parties' intentions were factors in construing a term, there was nothing in this case to show that the intention of the parties to the collective agreement was to create a contractual obligation that holidays should only follow local public holiday dates.
  • If the parties had intended to include an express term about occasional or statutory holidays, they could have done so when the collective agreement was negotiated. The fact that they chose not to did not mean that a corrective term had to be implied.