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Employment

Sparks and others v Department for Transport [2016] EWCA Civ 360

4 May 2016

16 Feb, 14 April 2016

CA: Lord Dyson MR, McCombe , David Richards LJJ

Employment — Contract of employment — Incorporation of terms — Provision in staff handbook concerning sick leave absences in relation to attendance at work — Whether incorporated into employee’s contract of employment

A provision in the employer’s staff handbook stated that where in any 12 month period the employee had taken a number of short term absences which together exceeded 21 working days, the employee’s line manager would discuss his attendance record with him, and only if those “trigger points” had been exceeded and the line manager had consequently acknowledged that there was a problem with the employee’s attendance wou...

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