Agard v Westminster Kingsway College [2010] UKEAT 0767_10_1412 (14 December 2010)

Agard v Westminster Kingsway College [2010] UKEAT 0767_10_1412 (14 December 2010)

The correct method for calculating a week's pay for redundancy under section 221 is to divide the annual salary by the total number of weeks paid, including holiday entitlement, as established in Gilbert v Barnsley MBC. The Claimant's argument to use only the weeks actually worked is inconsistent with binding...

Source-derived case information.

Citation
[2010] UKEAT 0767_10_1412
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 December 2010
Procedural Posture
Employment Appeal / Appeal Against Reserved Judgment
Outcome
appeal dismissed
Legal Topics
Redundancy Payment, Calculation of Week's Pay, Employment Rights Act 1996 S221
Employment Law Redundancy Payment Calculation of Week's Pay Employment Rights Act 1996 S221

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Reserved Judgment

Legal Issues

  1. 1 What is the correct method of calculating a week's pay for redundancy payment under section 221 of the Employment Rights Act 1996?

Ratio Decidendi

The correct method for calculating a week's pay for redundancy under section 221 is to divide the annual salary by the total number of weeks paid, including holiday entitlement, as established in Gilbert v Barnsley MBC. The Claimant's argument to use only the weeks actually worked is inconsistent with binding authority.

Court Disposition

appeal dismissed

Orders

  • Application and appeal dismissed.