Jayawardane v Customs & Excise [2003] EWCA Civ 1194 (17 July 2003)

Jayawardane v Customs & Excise [2003] EWCA Civ 1194 (17 July 2003)

The Tribunal was entitled to find, based on the staff handbook and absence of evidence to the contrary, that the contractual and thus normal retiring age for Band 6 officers was 62. There was no error of law in the Tribunal's approach, and the Employment Appeal Tribunal was wrong to overturn that finding.

Citation
[2003] EWCA Civ 1194
Parties
Claimant/appellant: Don Neville Codney Jayawardane; Defendant/respondent: HM Customs & Excise
Jurisdiction
England and Wales
Judgment Date
17 July 2003
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Normal Retiring Age, Contractual Retirement Age, Employment Rights Act 1996 S.94 and S.109
Employment Law Unfair Dismissal Normal Retiring Age Contractual Retirement Age Employment Rights Act 1996 S.94 and S.109

Case Brief

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Parties

Don Neville Codney Jayawardane

Claimant/appellant

HM Customs & Excise

Defendant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 What is the normal retiring age for a Band 6 employee in HM Customs & Excise for the purposes of section 109 of the Employment Rights Act 1996?
  2. 2 Did the Employment Tribunal err in law in determining the normal retiring age based on contractual provisions and reasonable expectation?

Ratio Decidendi

The Tribunal was entitled to find, based on the staff handbook and absence of evidence to the contrary, that the contractual and thus normal retiring age for Band 6 officers was 62. There was no error of law in the Tribunal's approach, and the Employment Appeal Tribunal was wrong to overturn that finding.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal discharged
  • Order of the Employment Tribunal restored