Park Cakes Ltd v Shumba & Ors

Park Cakes Ltd v Shumba & Ors

The Employment Tribunal failed to make findings supported by the evidence regarding the consistency of enhanced redundancy payments, rendering its reasoning flawed; the appeal is dismissed and the case remitted for rehearing.

Parties
Appellant: Park Cakes Ltd; Respondents: Shumba & Ors
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; case remitted for rehearing by a differently constituted Tribunal.
Legal Topics
Implied Terms, Redundancy Payments, Custom and Practice, Collective Agreements
Employment Law Contract Law Implied Terms Redundancy Payments Custom and Practice Collective Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Park Cakes Ltd

Appellant

Shumba & Ors

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether enhanced redundancy payments and lump sum were contractual entitlements by custom and practice
  2. 2 Whether the Employment Tribunal erred in its factual findings and reasoning

Ratio Decidendi

The Employment Tribunal failed to make findings supported by the evidence regarding the consistency of enhanced redundancy payments, rendering its reasoning flawed; the appeal is dismissed and the case remitted for rehearing.

Court Disposition

Appeal dismissed; case remitted for rehearing by a differently constituted Tribunal.

Orders

  • Remittal to a fresh Employment Tribunal for rehearing.
  • No expression of view as to eventual outcome.