Abercrombie & Ors v AGA Rangemaster Ltd

Abercrombie & Ors v AGA Rangemaster Ltd

A temporary contractual variation to reduce working hours does not alter what is 'normally' required under the contract for the purposes of guarantee payments under section 28 of the Employment Rights Act 1996. The Employment Tribunal erred in refusing to allow amendment to plead under section 34, as it was a relabelling of the same facts and claim. The claims of non-returners in the 2010 proceedings were not out of time and were not defeated by the employer's invitation to return to work, as the relevant legal argument was not properly raised or established.

Parties
Appellants: Abercrombie & Others; Respondent: AGA Rangemaster Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2013
Procedural Posture
Employment Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed for all claimants in the 2009 proceedings and non-returners in the 2010 proceedings; cases remitted to Employment Tribunal for quantification.
Legal Topics
Guarantee Payments, Short Time Working, Contract Variation, Jurisdiction, Limitation of Actions, Amendment of Pleadings
Employment Law Guarantee Payments Short Time Working Contract Variation Jurisdiction Limitation of Actions Amendment of Pleadings

Case Brief

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Parties

Abercrombie & Others

Appellants

AGA Rangemaster Ltd

Respondent

Procedural Posture

Employment Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether employees were 'normally required to work' on Fridays during the period of a temporary contractual variation for short-time working under the Employment Rights Act 1996 section 28
  2. 2 Whether the Employment Tribunal erred in refusing permission to amend the claim to proceed under section 34 of the 1996 Act
  3. 3 Whether the claims of non-returners in the 2010 proceedings were out of time or defeated by the employer's invitation to return to full-time work

Ratio Decidendi

A temporary contractual variation to reduce working hours does not alter what is 'normally' required under the contract for the purposes of guarantee payments under section 28 of the Employment Rights Act 1996. The Employment Tribunal erred in refusing to allow amendment to plead under section 34, as it was a relabelling of the same facts and claim. The claims of non-returners in the 2010 proceedings were not out of time and were not defeated by the employer's invitation to return to work, as the relevant legal argument was not properly raised or established.

Court Disposition

Appeal allowed for all claimants in the 2009 proceedings and non-returners in the 2010 proceedings; cases remitted to Employment Tribunal for quantification.

Orders

  • Permission to amend to plead under section 34 of the Employment Rights Act 1996 granted.
  • Claims remitted to Employment Tribunal for quantification of guarantee payments due.