Unwin v Oltec Group Trading Ltd & Anor (Contract of Employment : Implied Term/Variation/Construction of Term) [2015] UKEAT 0322_14_1302 (13 February 2015)

Unwin v Oltec Group Trading Ltd & Anor (Contract of Employment : Implied Term/Variation/Construction of Term) [2015] UKEAT 0322_14_1302 (13 February 2015)

The Employment Tribunal's finding that the contract provided a maximum of 48 hours was perverse and unsupported by evidence; the Tribunal failed to apply or consider the relevant provisions of the Equality Act 2010 in relation to disability discrimination; and the claims for dismissal and unpaid wages must be reconsidered in light of the correct contractual construction.

Citation
[2015] UKEAT 0322_14_1302
Parties
Appellant: Claimant; First Respondent: Oltec Group Trading Ltd; Second Respondent: McColls
Jurisdiction
United Kingdom
Judgment Date
13 February 2015
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Contract of Employment, Implied Terms, Variation of Contract, Disability Discrimination, Burden of Proof, Unfair Dismissal, Unlawful Deduction of Wages
Employment Law Equality Law Contract of Employment Implied Terms Variation of Contract Disability Discrimination Burden of Proof Unfair Dismissal +1 more

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Parties

Claimant

Appellant

Oltec Group Trading Ltd

First Respondent

McColls

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in construing the contract as providing a maximum rather than minimum of 48 hours work
  2. 2 Whether the Claimant was dismissed on 11 May 2012
  3. 3 Whether the Employment Tribunal failed to properly apply the Equality Act 2010 to the disability discrimination claims

Ratio Decidendi

The Employment Tribunal's finding that the contract provided a maximum of 48 hours was perverse and unsupported by evidence; the Tribunal failed to apply or consider the relevant provisions of the Equality Act 2010 in relation to disability discrimination; and the claims for dismissal and unpaid wages must be reconsidered in light of the correct contractual construction.

Court Disposition

Appeal allowed

Orders

  • Set aside the Tribunal's finding on contractual hours
  • Remit the claims for disability discrimination, unfair dismissal, and unlawful deduction of wages to the Employment Tribunal for reconsideration