Gap Personnel Franchises Ltd v Robinson [2007] UKEAT 0342_07_1610 (16 October 2007)

Gap Personnel Franchises Ltd v Robinson [2007] UKEAT 0342_07_1610 (16 October 2007)

The Respondent was in breach of contract for not paying the first month's travel expenses at the agreed rate of 25p per mile. However, the Tribunal erred in not determining whether the Claimant continued to work under protest or affirmed the contract by acquiescence after the first month. The matter of affirmation and entitlement to further unpaid mileage must be remitted for factual determination.

Citation
[2007] UKEAT 0342_07_1610
Parties
Appellant/respondent: GAP Personnel Franchises Ltd; Claimant/respondent: Mr Robinson
Jurisdiction
United Kingdom
Judgment Date
16 October 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part, judgment set aside in part, and matter remitted for rehearing.
Legal Topics
Breach of Contract, Unlawful Deduction From Wages, Variation of Contract, Affirmation by Acquiescence, Employment Terms
Employment Law Contract Law Breach of Contract Unlawful Deduction From Wages Variation of Contract Affirmation by Acquiescence Employment Terms

Case Brief

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Parties

GAP Personnel Franchises Ltd

Appellant/respondent

Mr Robinson

Claimant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the express term of the contract as to mileage expenses was consensually varied by the Claimant's acquiescence
  2. 2 Whether employment continued under protest
  3. 3 Whether the Respondent's unilateral reduction of mileage allowance constituted a lawful variation

Ratio Decidendi

The Respondent was in breach of contract for not paying the first month's travel expenses at the agreed rate of 25p per mile. However, the Tribunal erred in not determining whether the Claimant continued to work under protest or affirmed the contract by acquiescence after the first month. The matter of affirmation and entitlement to further unpaid mileage must be remitted for factual determination.

Court Disposition

Appeal allowed in part, judgment set aside in part, and matter remitted for rehearing.

Orders

  • The Respondent is liable for the differential in respect of the first month's proper mileage claim plus 10% uplift.
  • The balance of the mileage claim is remitted to a fresh Tribunal Chairman for rehearing to determine whether the Claimant continued to work under protest and, if so, when affirmation occurred.