In Lange v Georg Schünemann GmbH, the ECJ rules that an employee's obligation to work overtime whenever requested to do so by his employer was an essential element of the contract that had to be notified to him in writing.
An employment tribunal's determination as to what particulars ought to have been included or referred to in an employee's written statement of employment particulars had to be made with regard to the position at the date of the employee's reference to the tribunal, holds the EAT in Railcare Ltd v Cook.
Where a member state has incorrectly transposed into national law the obligation of an employer under the EC Written Particulars Directive to briefly specify or describe an employee's work in a notification of the essential aspects of the contract, public sector employees may rely on it against their employers directly before their national courts, holds the European Court of Justice in (1) Kampelmann and others v Landschaftsverband Westfalen-Lippe (2) Stadtwerke Witten GmbH v Schade (3) Haseley v Stadtwerke Altena GmbH.
In Mears v Safecar Security Ltd  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.
HR and legal information and guidance relating to written statements of terms and conditions of employment.