EAT Contract of Employment : Whether Established – Implied term/variation/construction of term – REDUNDANCY
An email between senior managers suggested that where key people were to be made redundant, they would be entitled to the same redundancy terms as had been offered in previous redundancies would apply. This was forwarded to the Claimant when he expressed concern about his position. He took it as reassurance, and argued he had accepted the offer which in these circumstances was implicitly contained within it by remaining in post. When then made redundant he sought payment of the 4 weeks pay for each year of service he understood to have been offered to him by this passage of events, rather than the 3 he was paid.
The EJ rejected this on four grounds. It was argued on appeal that one of these was irrelevant, and the other three grounds were materially inconsistent with the findings in fact. These arguments were rejected, it being held that although the judgment was not free from matters of concern, the reasoning was sufficiently clear for the appeal to be dismissed.
Langstaff P J
[2013] UKEAT 0013 – 13 – 0808
Bailii
England and Wales
Employment
Updated: 25 November 2021; Ref: scu.517539