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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources

The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources

Chapter:
(p.449) 21 The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
Source:
The Contract of Employment
Author(s):

Astrid Sanders

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0021

This chapter considers how and when external or additional sources become incorporated into the contract of employment. The focus is on three main sources: collective agreements made through trade unions, company or staff handbooks, and disciplinary and grievance procedures. The chapter presents the standard ‘general’ judicial two-stage approach to incorporation: intention to incorporate or methods of incorporation, and aptness. However, the contribution of the chapter is to observe that judges appear to be applying this general approach differently depending on the source. The argument is that this de facto hierarchy of sources is misplaced. A relaxed approach should similarly be taken to the incorporation of terms from collective agreements or, if anything, the terms of a collective agreement ought to be more easily incorporated than terms from either a company handbook or an employer’s disciplinary procedure.

Keywords:   incorporation, collective agreement, trade union, company/staff handbook, disciplinary procedures

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