Tetley GB Ltd v. Simbat Ghatahorde [2000] UKEAT 1474_99_2903 (29 March 2000)
The Tribunal's jurisdiction to award damages for breach of contract was upheld, but the substantive appeal on whether custom and practice created a contractual entitlement to enhanced payment was arguable and required a full hearing.
- Citation
- [2000] UKEAT 1474_99_2903
- Parties
- Applicant: Applicant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 29 March 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing on Appeal
- Outcome
- Jurisdiction point dismissed; substantive appeal to proceed to full hearing.
- Legal Topics
- Severance Payments, Redundancy, Custom and Practice, Breach of Contract, Jurisdiction of Employment Tribunal
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Legal Issues
- 1 Whether the applicant was contractually entitled to a severance payment on dismissal for ill health equivalent to redundancy payment
- 2 Whether the Employment Tribunal gave adequate reasons for its decision
- 3 Whether the Employment Tribunal had jurisdiction to make a declaration under the 1994 Order
Ratio Decidendi
The Tribunal's jurisdiction to award damages for breach of contract was upheld, but the substantive appeal on whether custom and practice created a contractual entitlement to enhanced payment was arguable and required a full hearing.
Court Disposition
Jurisdiction point dismissed; substantive appeal to proceed to full hearing.
Orders
- Case to proceed to full appeal hearing on substantive points only.
- Chairman to provide all Notes of Evidence.
Full Case Text
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