The Appellant brought a claim for breach of his contract of employment in the High Court, claiming that he had worked more hours than the Respondent had paid him for after he returned to work following a secondment. Central to the dispute were the issues of what work the Appellant was contractually required to perform and what work he actually did perform in the relevant period. His claim for breach of contract was dismissed by the High Court and he appealed to the Court of Appeal.

The Court of Appeal dismissed the appeal. The High Court judge was entitled to reach the view that he did as to what the contractual terms were as a result of the variation that took place when the Appellant returned from secondment in 2012 and to dismiss the claim for breach of contract.