Wentworth Computer Holdings Ltd v Deeny [1996] UKEAT 1038_95_3004 (30 April 1996)

Wentworth Computer Holdings Ltd v Deeny [1996] UKEAT 1038_95_3004 (30 April 1996)

The telephone conversation between the employee and Mr Dickinson constituted a binding contractual agreement allowing the employee to return to work on 6th June 1994, notwithstanding non-compliance with statutory notice requirements, as the agreement was sufficiently certain, intended to create legal relations, and supported by consideration.

Citation
[1996] UKEAT 1038_95_3004
Parties
Employer: Appellants; Employee/respondent: Mrs Deeny
Jurisdiction
United Kingdom
Judgment Date
30 April 1996
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal
Outcome
Both the appeal and cross-appeal are dismissed.
Legal Topics
Maternity Leave, Right to Return to Work, Contractual Variation, Compensation Calculation
Employment Law Maternity Leave Right to Return to Work Contractual Variation Compensation Calculation

Case Brief

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Parties

Appellants

Employer

Mrs Deeny

Employee/respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the employee lost her statutory right to return to work for failure to give written notice under Section 47(1) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether a binding contractual agreement was formed allowing return to work despite non-compliance with statutory notice
  3. 3 Whether deduction of saved child-minding costs from compensation was correct

Ratio Decidendi

The telephone conversation between the employee and Mr Dickinson constituted a binding contractual agreement allowing the employee to return to work on 6th June 1994, notwithstanding non-compliance with statutory notice requirements, as the agreement was sufficiently certain, intended to create legal relations, and supported by consideration.

Court Disposition

Both the appeal and cross-appeal are dismissed.

Orders

  • The decision of the Industrial Tribunal is upheld.
  • The compensation award of £6,516 stands, with deduction of £591 for saved child-minding costs.