EAT CONTRACT OF EMPLOYMENT: Implied term/variation/construction of term
A was employed by B. When B became insolvent C took over B’s business and employed A in circumstances where there was no TUPE transfer. A later left C’s employment and claimed sums allegedly underpaid. C asserted A had been employed on C’s standard terms of employment (less generous than B’s) and was not entitled to the sums claimed. The ET in upholding C’s submission overlooked a letter sent by C to A under which he was told he would in effect be employed on the same terms as before. Appeal allowed.
Citations:
[2010] UKEAT 0377 – 09 – 2801
Links:
Employment
Updated: 14 August 2022; Ref: scu.402527
