Commentary

(b) No power to impose terms not agreed

Division AII Contract of Employment
| Commentary

(b) No power to impose terms not agreed

| Commentary

(b)     No power to impose terms not agreed

On occasions a tribunal has arrogated to itself a wider jurisdiction, and has read its duty to state what particulars 'ought to' have been included as comprehending a duty to decide what the parties ought to have agreed (see the early cases of Rees v Kraken International Ltd [1975] IRLR 342 and Roberts v BICC Ltd [1976] IRLR 404). But that is wrong. The tribunal cannot do that. The tribunal cannot re-write or amend a binding contract. Sections 11 and 12 give it no power to declare what the contract meant (above), nor to rectify the contract. Earlier EAT cases accepted that, see Construction Industry Training Board v Leighton [1978] 2 All ER 723, [1978] IRLR 60, EAT, and Brown v Stuart-Scott & Co [1981] ICR

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