Jayawardane v Customs & Excise

Jayawardane v Customs & Excise

The Tribunal was entitled to find, on the evidence before it, that the contractual retiring age for Band 6 officers was 62, as stated in the staff handbook and not contradicted by other evidence. Therefore, the normal retiring age was 62, and the Tribunal did not err in law. The EAT's decision was set aside and the Tribunal's decision restored.

Parties
Claimant/appellant: Don Neville Codney Jayawardane; Defendant/respondent: H M 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; order of the EAT discharged; Tribunal's decision restored
Legal Topics
Unfair Dismissal, Normal Retiring Age, Contractual Retirement Age, Employment Rights Act 1996 Section 94 and 109
Employment Law Unfair Dismissal Normal Retiring Age Contractual Retirement Age Employment Rights Act 1996 Section 94 and 109

Case Brief

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Parties

Don Neville Codney Jayawardane

Claimant/appellant

H M 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 its approach to determining the normal retiring age?

Ratio Decidendi

The Tribunal was entitled to find, on the evidence before it, that the contractual retiring age for Band 6 officers was 62, as stated in the staff handbook and not contradicted by other evidence. Therefore, the normal retiring age was 62, and the Tribunal did not err in law. The EAT's decision was set aside and the Tribunal's decision restored.

Court Disposition

Appeal allowed; order of the EAT discharged; Tribunal's decision restored

Orders

  • Appeal allowed
  • Order of the Employment Appeal Tribunal discharged