Written particulars mistakenly stated Mr Daniel started a week earlier than he in fact did.
Browne-Wilkinson J overturned the Tribunal, and held that Mr Daniel did not satisfy the statutory qualifying period for unfair dismissal, and the mistaken statement of the employment contract did not estop the employer.
He quoted Turriff Construction Ltd v Bryant (1967) ITR 292, where Lord Parker said ‘It is of course quite clear that the statement made pursuant to s.4 of the Act of 1963 is not a contract.
It is not even conclusive evidence of the terms of a contract.’ This was followed in Parkes Classic Confectionery Ltd v Ashcroft (1973) 8 ITR 43, where the Divisional Court overruled an Industrial Tribunal holding that a contract had been varied, the employer failed to serve particulars and the employer was not entitled to rely on the varied contract.
The effect of a written statement would therefore be persuasive evidence of the contract to a court, but it would not be binding.