CSC Computer Sciences Ltd v McAlinden & Ors

CSC Computer Sciences Ltd v McAlinden & Ors

The employer's consistent conduct and communications, including explicit references to a contractual right to RPI increases, led employees reasonably to understand that such increases were a contractual entitlement, thereby crystallising the practice into an implied contractual term, regardless of whether the employer's original belief was mistaken.

Parties
Appellant: CSC Computer Sciences Limited; Respondents: McAlinden and Others
Jurisdiction
England and Wales
Judgment Date
13 November 2013
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Custom and Practice, Unlawful Deductions From Wages, Transfer of Undertakings (tupe)
Employment Law Contract Law Implied Terms Custom and Practice Unlawful Deductions From Wages Transfer of Undertakings (tupe)

Case Brief

Summary, issues, holding and outcome

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Parties

CSC Computer Sciences Limited

Appellant

McAlinden and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a contractual right to annual RPI-linked pay increases was implied into the claimants' contracts by custom and practice or conduct after transfer under TUPE
  2. 2 Whether the employer's belief and conduct could give rise to an implied contractual term obliging payment of RPI increases

Ratio Decidendi

The employer's consistent conduct and communications, including explicit references to a contractual right to RPI increases, led employees reasonably to understand that such increases were a contractual entitlement, thereby crystallising the practice into an implied contractual term, regardless of whether the employer's original belief was mistaken.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.