Volume 14 - April 2001

Contract Updates

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Contracts

In W Lange v George Shunemann GmbH, the European Court of Justice (ECJ) held that any essential element of a contract not brought to the notice of an employee could be regarded as inapplicable.

The particular dispute was about whether an individual was obliged to work overtime. The ECJ held that under EU Directive 91/553/EEC (Proof of Employment Relationship Directive), which obliges employers to supply details of the essential aspects of the contract, a term obliging employees to work overtime should have been presented to the employee in writing.

UK courts have traditionally interpreted contracts to include custom and practise and it remains to be seen what effect this will have on contractual disputes in the UK.

Meanwhile in the UK, the Court of Appeal (CA) have recently held (in Lovett v Wigan Metropolitan Borough Council) that a written statement of particulars of employment does not necessarily form part of the contract of employment. They held that the discussions on terms that took place during an interview and the offer letter formed the contract. The subsequently issued statement of particulars, for which the employee signed confirming receipt, did not form part of the contract.

It is plainly more important than ever to ensure that contractual documents are correctly drafted and issued in a timely fashion.

Training programme:

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Maternity Leave/Parental Leave

The deadline on consultation has now passed. We are awaiting the next round of proposals on paid paternity leave, longer maternity leave, allowing early maternity returners to work reduced hours, allowing reduced hours working for parents, etc.

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