Commentary

(b) Incorporation by reference

Division AII Contract of Employment
| Commentary

(b) Incorporation by reference

| Commentary

(b)     Incorporation by reference

(i)     Expressly

It will usually not be difficult to show that the parties to the individual contract have agreed to incorporate therein the terms, or the relevant terms, of some collective agreement. They may do so expressly (National Coal Board v Galley [1958] 1 All ER 91, [1958] 1 WLR 16, CA; Gascol Conversions Ltd v Mercer [1974] IRLR 155, [1974] ICR 420, CA; Keir and Williams v County Council of Hereford and Worcester [1985] IRLR 505, CA).

However, appearances can be deceptive with the consequence that even where a collective agreement is expressly cross referred to in the contract and incorporated, there is still to be considered the critical question of interpretation in determining whether the term is in fact incorporated.

'Cadoux v Central Regional Council [1986] IRLR 131, 1986 SLT 117, Ct of Sess: C's letter of appointment expressly incorporated the Conditions of Service laid down by the National Joint Council for Local Authorities Administrative, Professional, Technical and Clerical Services (Scottish Council) 'as supplemented by the Authorities' Rules and as amended from time to time'. These Rules extended to provide C with a non-contributory life assurance scheme. Subsequently this was unilaterally withdrawn by the Council. Held: whilst the Local Authorities' Rules were incorporated into the contract of employment, so too was the employers entitlement to unilaterally withdraw (by amendment) the provision for a non-contributory life assurance scheme contained in their rules.

National Coal Board v National

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