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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether enhanced redundancy terms became a contractual entitlement by custom and practice
- 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
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