EAT Contract of Employment : Damages for Breach of Contract – The Claimant was dismissed because of ill health. He claimed that he was entitled to (a) a golden handshake; (b) money under personal health insurance; and (c) money in lieu of holiday pay.
All claims rejected by Tribunal.
Dismissing the appeal
(a) The Claimant had applied for permission to amend to claim the golden handshake but permission had been refused prior to the hearing. So the Tribunal did not have jurisdiction to deal with it;
(b) Contrary to the Claimant’s submissions, there was no implied condition that he would not be dismissed as such a condition could not be implied as it was contrary to the express condition of the Claimant’s contract of employment which expressly (i) permitted dismissal for illness when the Claimant had been absent for as long as the Claimant had been absent for; and (ii) stated that it contained all the terms of the contract and so at the time contended for by the Claimant, it could not be implied (Aspden v Webbs Poultry and Meat (Holdings) Limited  IRLR 521 explained and Reda and another v Flag Ltd  IRLR 747 applied); and
(c) The claim for holiday pay had to be remitted to a different Tribunal as it was necessary for it to determine a number of issues in the light of the decision of the Court of Appeal in NHS Leeds v Larner  EWCA Civ 1034.
 UKEAT 0148 – 12 – 1211
England and Wales
Cited – Aspden v Webbs Poultry and Meat Group (Holdings) Limited QBD 1996
The employer had provided a permanent health scheme for directors and senior managers, which included the complainant. After its introduction the complainant, who up to that point had no written contract of employment, entered into a written . .
Cited – Reda, Abdul-Jalil v Flag Limited PC 11-Jul-2002
PC (Bermuda) The courts should be reluctant to accept a fetter on the employer’s right to dismiss on notice where there is an express term in the contract empowering the employer to do so.
Lord Millet . .
Cited – NHS Leeds v Larner CA 25-Jul-2012
The court was asked ‘what circumstances is a worker, who has not taken paid annual leave in the relevant leave year because of absence from work on long-term sick leave, entitled to a payment in lieu?’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 November 2021; Ref: scu.465826