Albion Automotive Ltd v Walker & Ors [2002] EWCA Civ 946 (21 June 2002)

Albion Automotive Ltd v Walker & Ors [2002] EWCA Civ 946 (21 June 2002)

The consistent application and communication of enhanced redundancy terms over several years, affecting a substantial portion of the workforce, supported the inference that the employer intended to be contractually bound, making the terms part of the employees' contracts by custom and practice.

Source-derived case information.

Citation
[2002] EWCA Civ 946
Parties
Respondent: Albion Automotive Ltd; Appellants: Walker & Ors
Jurisdiction
England and Wales
Judgment Date
21 June 2002
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Custom and Practice, Redundancy Payments, Contractual Terms, Employment Contracts
Employment Law Contract Law Custom and Practice Redundancy Payments Contractual Terms Employment Contracts

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Parties

Albion Automotive Ltd

Respondent

Walker & Ors

Appellants

Procedural Posture

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

  1. 1 Whether enhanced redundancy terms became a contractual entitlement by custom and practice
  2. 2 Whether the employer intended to be contractually bound to pay enhanced redundancy terms

Ratio Decidendi

The consistent application and communication of enhanced redundancy terms over several years, affecting a substantial portion of the workforce, supported the inference that the employer intended to be contractually bound, making the terms part of the employees' contracts by custom and practice.

Court Disposition

Appeal dismissed

Orders

  • Stay lifted
  • Costs summarily assessed at £13,017.83 to the successful respondent