Cameron v Digital Equipment Company Ltd [2001] EWCA Civ 1751 (14 November 2001)

Cameron v Digital Equipment Company Ltd [2001] EWCA Civ 1751 (14 November 2001)

The Court of Appeal held that, contrary to the trial judge's finding, the letter of 6 December 1983 and the accompanying policy documentation indicated that the enhanced redundancy payment provisions of the PPPM had achieved contractual status for Mr Cameron. The relevant documents were expressed in terms of entitlement, not discretion, and the PPPM provisions for redundancy payment were incorporated into the contract of employment for the claimant.

Citation
[2001] EWCA Civ 1751
Parties
Claimant/appellant: John Bettoney Cameron; Defendant/respondent: Digital Equipment Company Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2001
Procedural Posture
Appeal (civil) / Appeal From High Court Decision on Liability Only; Quantum Agreed; Appeal on Contractual Entitlement to Enhanced Redundancy Payment
Outcome
Appeal allowed on the construction (contractual entitlement) point; second ground of appeal adjourned for further hearing.
Legal Topics
Redundancy Payments, Contractual Incorporation, Custom and Practice, Wrongful Dismissal
Employment Law Contract Law Redundancy Payments Contractual Incorporation Custom and Practice Wrongful Dismissal

Case Brief

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Parties

John Bettoney Cameron

Claimant/appellant

Digital Equipment Company Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court Decision on Liability Only; Quantum Agreed; Appeal on Contractual Entitlement to Enhanced Redundancy Payment

Legal Issues

  1. 1 Whether the claimant was contractually entitled to enhanced redundancy payment
  2. 2 Whether the terms of the Personnel Policies and Procedures Manual (PPPM) were incorporated into the contract of employment

Ratio Decidendi

The Court of Appeal held that, contrary to the trial judge's finding, the letter of 6 December 1983 and the accompanying policy documentation indicated that the enhanced redundancy payment provisions of the PPPM had achieved contractual status for Mr Cameron. The relevant documents were expressed in terms of entitlement, not discretion, and the PPPM provisions for redundancy payment were incorporated into the contract of employment for the claimant.

Court Disposition

Appeal allowed on the construction (contractual entitlement) point; second ground of appeal adjourned for further hearing.

Orders

  • Appeal allowed on the issue of contractual entitlement to enhanced redundancy payment.
  • Second ground of appeal (redundancy status) adjourned for further hearing.