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O2 (UK) Ltd v Wallace - tribunal's power is to establish what terms ought to be included in a statement of particulars of employment, not what such terms ought to be - EAT 17.6.08

Mr Wallace sought to clarify his terms of employment under Employment Rights Act 1996 s.11. The employment tribunal found as follows on annual leave: "[He] is entitled to 23 days holiday, such holiday allowance to be calculated on an hourly basis, with a "day" equating to 9 or 9.5 hours...". The contract, however, stated that a day was "7.5 hours" - the employment judge had considered this unfair for various reasons and so "re-interpreted" the term. O2 appealed to the EAT - and has won.

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