The Claimant works for the Respondent as a personal shopper. She was notified, by way of an on-screen pop-up, that a provision for pay, hours and holiday entitlement to be determined by collective bargaining with the Union of Shop, Distributive and Allied Workers ("USDAW") had been incorporated into her contract, and she accepted pay increases negotiated on that basis. However, when changes to holiday and pay entitlement were introduced, the Claimant sought a declaration from the ET as to whether those changes formed part of her terms of employment, and the ET held that they did. The Claimant appealed principally on the ground that the ET erred in law in finding that the introduction of the collective bargaining clause was the type of change that was covered by the wording of her terms and conditions.

The EAT held that the ET was entitled to find that the collective bargaining provision had been incorporated into the Claimant's contract by way of her implicit agreement, or that it had become a term of her contract by reason of custom and practice.