Adefunke Adekoya & Ors v Heathrow Express Operating Company Ltd

Adefunke Adekoya & Ors v Heathrow Express Operating Company Ltd

The tribunal erred in law by finding that the withdrawal provisions of the Reciprocal Agreement between the respondent and Rail Staff Travel Ltd were incorporated into the claimants' contracts, and thus erred in concluding that the claimants' contractual right to continued travel benefits after redundancy had been lawfully varied or withdrawn. There was no proper basis for finding such incorporation, and the respondent could not rely on the May 2019 notice from RDG/ATOC to defeat the claimants' rights. The matter was remitted to the tribunal to determine the outstanding issues of jurisdiction and compromise by settlement agreement.

Parties
Appellants: Adefunke Adekoya & Others; Respondent: Heathrow Express Operating Company Ltd
Jurisdiction
England and Wales
Judgment Date
29 May 2024
Procedural Posture
Employment Appeal / Judgment on Appeal From Preliminary Hearing
Outcome
appeal allowed, matter remitted to tribunal
Legal Topics
Breach of Contract, Variation of Contract, Employment Benefits, Redundancy, Jurisdiction of Employment Tribunal
Employment Law Contract Law Breach of Contract Variation of Contract Employment Benefits Redundancy Jurisdiction of Employment Tribunal

Case Brief

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Parties

Adefunke Adekoya & Others

Appellants

Heathrow Express Operating Company Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Preliminary Hearing

Legal Issues

  1. 1 Whether the claimants had a contractual right to continued travel benefits after redundancy
  2. 2 Whether the respondent lawfully varied the claimants' contracts to remove the benefit
  3. 3 Whether the tribunal had jurisdiction under Regulation 3 Employment Tribunals (Extension of Jurisdiction) Order 1994

Ratio Decidendi

The tribunal erred in law by finding that the withdrawal provisions of the Reciprocal Agreement between the respondent and Rail Staff Travel Ltd were incorporated into the claimants' contracts, and thus erred in concluding that the claimants' contractual right to continued travel benefits after redundancy had been lawfully varied or withdrawn. There was no proper basis for finding such incorporation, and the respondent could not rely on the May 2019 notice from RDG/ATOC to defeat the claimants' rights. The matter was remitted to the tribunal to determine the outstanding issues of jurisdiction and compromise by settlement agreement.

Court Disposition

appeal allowed, matter remitted to tribunal

Orders

  • The tribunal's decision is set aside.
  • The matter is remitted to the employment tribunal to determine (1) whether the claims fall within Regulation 3 as arising or outstanding on termination, and (2) whether the claimants' rights were compromised by settlement agreements.