EAT REDUNDANCY – Fairness
CONTRACT OF EMPLOYMENT – Notice and pay in lieu
Employee entitled to three months notice of dismissal. Dismissed for redundancy with four days notice. Letter of dismissal states that payment will be made of statutory redundancy pay, holiday pay, and an ‘ex gratia’ payment of a sum equivalent to three months’ gross salary. Claim by employee for damages for dismissal without notice. Employer seeking to meet the claim by reference to the ‘ex gratia payment’. Employment Tribunal allows the employee’s claim. On a correct construction, the payment was truly ‘ex gratia’. Appeal dismissed and Tribunal’s construction upheld.’
Judges:
Luba QC R
Citations:
[2011] UKEAT 0430 – 10 – 2705
Links:
Jurisdiction:
England and Wales
Employment
Updated: 15 September 2022; Ref: scu.441352