An employee’s job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such a way as to affect his pension rights under the regulations. The facts were compatible only with a continuation of the relationship of employer and employee. The original contract had been repudiated, and the repudiation accepted. The employee remained entitled to notice, and he was, for the purposes of the Regulations, continued to be employed until that notice expired.
Judges:
Aldous LJ, May LJ, Rix LJ
Citations:
Times 17-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1091, [2002] ICR 234, [2001] BLGR 529, (2001) 3 LGLR 53, [2001] Emp LR 1079
Links:
Statutes:
Local Government (Discretionary Payments) Regulations 1996 (1996 No 1680)
Jurisdiction:
England and Wales
Citing:
Cited – Hinckley and Bosworth Borough Council v Shaw QBD 2000
Two senior and long term employees of the Council proposed voluntary early redundancy. After discussions, their contracts were varied with enhanced pay so that they would also have enhanced pensions and redundancy payments. Such enhancing agreements . .
Cited by:
Cited – London Borough of Tower Hamlets v Wooster EAT 10-Sep-2009
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Polkey deduction
Council employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and . .
See Also – Eastbourne Borough Council v Foster EAT 8-Jul-2003
EAT Redundancy – Protective award . .
See Also – Foster v Eastbourne Borough Council and Another CA 3-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.
Employment, Local Government
Updated: 31 May 2022; Ref: scu.147613