Lloyd v BCQ Ltd (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0148_12_1211 (12 November 2012)

Lloyd v BCQ Ltd (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0148_12_1211 (12 November 2012)

The appeal was dismissed because the Tribunal had no jurisdiction to consider the golden handshake claim as permission to amend was refused; no implied term could override the express contract terms regarding dismissal and PHI, especially given the 'all terms' clause and absence of contractual PHI entitlement; and the claim for holiday pay was properly rejected or required further determination in light of Larner, as the Claimant had either taken leave or failed to properly request it.

Citation
[2012] UKEAT 0148_12_1211
Parties
Appellant/claimant: Mr Michael Lloyd; Respondent: BCQ Group Limited
Jurisdiction
United Kingdom
Judgment Date
12 November 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decisions Dated 16 December 2011 and 10 February 2012
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Unfair Dismissal, Disability Discrimination, Age Discrimination, Victimisation, Holiday Pay, Permanent Health Insurance (phi), Implied Terms, Statutory Interpretation
Employment Law Contract Law Discrimination Law Breach of Contract Unfair Dismissal Disability Discrimination Age Discrimination Victimisation +4 more

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Parties

Mr Michael Lloyd

Appellant/claimant

BCQ Group Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decisions Dated 16 December 2011 and 10 February 2012

Legal Issues

  1. 1 Whether the Employment Tribunal erred in rejecting the claim for a 'golden handshake' under the contract
  2. 2 Whether there was an implied term preventing dismissal to avoid PHI benefits
  3. 3 Whether the Claimant was entitled to holiday pay accrued during sickness absence

Ratio Decidendi

The appeal was dismissed because the Tribunal had no jurisdiction to consider the golden handshake claim as permission to amend was refused; no implied term could override the express contract terms regarding dismissal and PHI, especially given the 'all terms' clause and absence of contractual PHI entitlement; and the claim for holiday pay was properly rejected or required further determination in light of Larner, as the Claimant had either taken leave or failed to properly request it.

Court Disposition

Appeal dismissed

Orders

  • All claims rejected except the holiday pay claim, which is remitted to a different Tribunal for further determination in light of NHS Leeds v Larner [2012] EWCA Civ 1034.