The employment tribunal in this case increased the amount of compensation awarded to an unfairly dismissed employee because of his employer's failure to provide a written statement of terms and conditions of employment or to dismiss him in accordance with the Acas code of practice on disciplinary and grievance procedures.
A written statement of employment particulars will not necessarily determine an employee's contractual terms and conditions, as this case demonstrates.
In Lovett v Wigan Metropolitan Borough Council [2001] EWCA Civ 12 CA, the Court of Appeal held that a clause that had been incorporated into an employee's written statement of employment particulars did not form part of his contract of employment because he had not agreed to it.
In Mears v Safecar Security Ltd [1982] IRLR 183 CA, the Court of Appeal held that, in determining an implied term, regard should be had to all the circumstances, including the way the contract had been operated in the past.
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Employment law cases: HR and legal information and guidance relating to written statements of terms and conditions of employment.