EAT REDUNDANCY – Contractual scheme
It was the Claimants’ case – and the Claimants adduced evidence – that enhanced redundancy payments were made under a scheme without exception for a substantial period while the Respondent was part of the Northern Foods Group. The Tribunal said that it was ‘unable to infer’ that such payments were made without exception. This finding was significant to its assessment that there was no contractual term entitling the Claimants to such payments (see Duke v Reliance Systems Ltd [1982] IRLR 347; Quinn v Calder Industrial Materials [1996] IRLR 12; and Albion Automotive Limited v Walker [2002] EWCA Civ 94). HELD: (By a majority) There was no rational basis for declining to accept the Claimants’ case that enhanced redundancy payments were made without exception for a substantial period while the Respondent was part of the Northern Foods Group. Above cases considered; appeal allowed and claims remitted for reconsideration by a freshly constituted Tribunal.
Judges:
David Richardson J
Citations:
[2012] UKEAT 0219 – 11 – 2811
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Park Cakes Ltd v Shumba and Others CA 31-Jul-2013
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Cited – Davies v London Borough of Haringey QBD 17-Oct-2014
The claimant had been employed as a teaching assistant. She came to work with the union, eventually being released from her work full time to undertake the role within the union. The defendant suspended the claimant from her role for alleged . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 November 2022; Ref: scu.466570