Philmore Jarvis v Shoppers Pharmacy
| Jurisdiction | UK Non-devolved |
| Judge | LORD COLLINS |
| Judgment Date | 17 February 2010 |
| Neutral Citation | [2010] UKPC 5 |
| Date | 17 February 2010 |
| Docket Number | Appeal No 2009 of 0011 |
| Court | Privy Council |
[2010] UKPC 5
Privy Council
Lady Hale
Lord Collins
Sir Jonathan Parker
Appellant
James Guthrie QC
Richard Samuel
(Instructed by M A Law LLP)
Respondent
Not represented
At the conclusion of the argument on this appeal, at which only the appellant Mr. Philmore Jarvis ("Mr. Jarvis") was represented, the Board indicated that it would humbly advise Her Majesty that the appeal be allowed. These are the reasons for that advice.
The Facts
Mr Jarvis has been a qualified registered pharmacist since about 2000. He has also had a full-time job with the Immigration Department of Antigua and Barbuda as an immigration officer at the VC Bird International Airport.
In February 2001 he started working with the respondent, Shoppers Pharmacy Limited ("Shoppers Pharmacy"), on a part-time basis, while continuing to work as an immigration officer. In May 2001, Ms Colleen Samuel ("Ms Samuel"), a pharmacist who also worked part-time, left to go on a 3 month study course in Jamaica. Mr Jarvis was then asked by Ms Romaneta Francis, the Managing Director of Shoppers Pharmacy ("Ms Francis"), to work full-time.
Mr. Jarvis and Shoppers Pharmacy entered into a written contract of employment dated June 1, 2001, which was in the following terms:
"Shoppers Pharmacy agrees to employ Philmore Jarvis of Factory Road [from] Monday February 19 th2001 for a period of one year. For the first six months a salary of dollar 2,500.00 will be granted. At the end of this period there will be a review of that salary for the purpose of granting an increase of an additional dollar 100.00 monthly which would yield a total of dollar 2,600.00 payable for the remaining six months period as salary.
Shoppers also agrees to provide for the necessary benefits as required by law inclusive of Social Security and Medical Benefits contributions. Any additional benefits that may be introduced will be mutually agreed upon by both parties.
Shoppers Pharmacy agrees to provide for two weeks vacation annually.
In return Philmore Jarvis agrees to work as a full time Pharmacist for Shoppers Pharmacy in accordance with the following:
Undertaking all obligations relative to the role of a license[d] Pharmacist in accordance with the stipulations of regulations provided in the Pharmacy Act.
Providing superior quality of service to customers with a view to maintaining a high standard in keeping with the Company's reputation.
All other expectations and requirements outside of the aforementioned should be mutually agreed upon by both employer and employee."
Although there was no express term dealing with the matter, it was agreed or understood that Mr Jarvis would continue to work as an immigration officer. His hours (mainly in the evenings, but with some early mornings) and those of two other pharmacists working there were set out in a schedule which he prepared. Ms Samuel returned from Jamaica in mid-August 2001, and on August 28, 2001 she produced a new schedule of working hours for the pharmacists, including Mr Jarvis. This schedule conflicted with the hours of work required by Mr Jarvis' job as an immigration officer and he asked to be able to work part-time. This was acceptable to Shoppers Pharmacy and a part-time schedule was prepared by Ms Samuel, but again it conflicted with Mr. Jarvis' hours as an immigration officer. Mr Jarvis asked Ms Francis to intervene, but she did not did not wish to interfere with the authority of Ms Samuel.
Mr Jarvis was not happy with this outcome, and Ms Francis' evidence before the Industrial Court was that he had left "in disgust" Ms Francis took advice from a solicitor friend and was under the impression that Mr. Jarvis had been employed on a probationary basis and that within a 3 month period he could be summarily dismissed without notice. When he returned to Shoppers Pharmacy on August 29 (on his case, to work) he was given a letter of dismissal in these terms:
"Further to our communication at the meeting of Tuesday 28 th August 2001, I have reviewed the various problems pertaining to your hours of work. Furthermore, I have become concerned about the priority your other job (Immigration...
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