The EAT was asked whether a policy in regard to a retiring age had been communicated to employees or whether there was evidence of any universal practice to that effect. Browne-Wilkinson J said: ‘[T]here was no evidence that the employers’ policy of retirement for women at the age of 60 had been communicated to such employees in 1978 nor was there any evidence of any universal practice to that effect. A policy adopted by management unilaterally cannot become a term of the employee’s contracts on the grounds that it is an established custom and practice unless it is shown that the policy has been drawn to the attention of the employees or has been followed without exception for a substantial period.’
Judges:
Browne-Wilkinson J
Citations:
[1982] ICR 449
Jurisdiction:
England and Wales
Cited by:
Appeal from – Duke v GEC Reliance Systems Limited CA 16-Feb-1987
The court was said to have failed to have proper regard to a European Directive.
The court discussed the meaning of the phrase ‘per incuriam’: ‘I have always understood that the doctrine of per incuriam only applies where another division of . .
At EAT – Duke v GEC Reliance Systems Limited HL 2-Jan-1988
The court was asked about the differential in retirement ages between men and women in private sector employment, and whether it constituted sex discrimination.
Held: Section 2(4) of the 1972 Act did not allow a British Court to distort the . .
Cited – Garratt v Mirror Group Newspapers Ltd CA 13-Apr-2011
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only . .
Cited – Quinn v Calder EAT 1996
Employees sought to establish a contractual right to an enhanced redundancy payment. Lord Coulsfield referred to Duke and said: ‘In a case such as the present, the factors to which Browne-Wilkinson J referred are likely to be among the most . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 May 2022; Ref: scu.434916
