British Polythene Ltd (t/a Bpi Stretchfilms) v Bishop [2003] UKEAT 1048_02_0204 (2 April 2003)

British Polythene Ltd (t/a Bpi Stretchfilms) v Bishop [2003] UKEAT 1048_02_0204 (2 April 2003)

The signed agreement at page 25 was clear, unconditional, and binding; no condition precedent was expressed or incorporated. The Respondent was required to honour the terms as written.

Citation
[2003] UKEAT 1048_02_0204
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 April 2003
Procedural Posture
Employment Tribunal Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed; decision of the Employment Tribunal upheld.
Legal Topics
Redundancy, Breach of Contract, Employment Termination, Contractual Interpretation
Employment Law Contract Law Redundancy Breach of Contract Employment Termination Contractual Interpretation

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the document at page 25 constituted a binding agreement to pay contractual redundancy pay
  2. 2 Whether there was a condition precedent to the agreement's operation

Ratio Decidendi

The signed agreement at page 25 was clear, unconditional, and binding; no condition precedent was expressed or incorporated. The Respondent was required to honour the terms as written.

Court Disposition

Appeal dismissed; decision of the Employment Tribunal upheld.

Orders

  • Respondent to pay Applicant the sum of £11,261.28 as awarded by the Tribunal.