Learning & Skills Council v. Barfoot & Ors [2003] UKEAT 0621_03_2011 (20 November 2003)

Learning & Skills Council v. Barfoot & Ors [2003] UKEAT 0621_03_2011 (20 November 2003)

The Employment Tribunal's construction of the bonus scheme as unlimited in time was flawed; subsequent assurances and events cannot alter the express terms. The issue of whether the bonus scheme was varied or replaced before the transfer must be determined by a differently constituted Employment Tribunal.

Citation
[2003] UKEAT 0621_03_2011
Parties
Appellant: Learning & Skills Council; Respondents: 14 employees (formerly of LETEC)
Jurisdiction
United Kingdom
Judgment Date
20 November 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; Employment Tribunal decision set aside; claims remitted for re-hearing by a differently constituted Tribunal.
Legal Topics
Transfer of Undertakings, Contractual Bonus Schemes, Implied Terms, Unauthorised Deduction From Wages
Employment Law Transfer of Undertakings Contractual Bonus Schemes Implied Terms Unauthorised Deduction From Wages

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Parties

Learning & Skills Council

Appellant

14 employees (formerly of LETEC)

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the contractual bonus scheme was in force at the time of transfer
  2. 2 Whether the bonus scheme was unlimited in time or ceased at the end of 2000
  3. 3 Whether subsequent correspondence varied or replaced the bonus scheme

Ratio Decidendi

The Employment Tribunal's construction of the bonus scheme as unlimited in time was flawed; subsequent assurances and events cannot alter the express terms. The issue of whether the bonus scheme was varied or replaced before the transfer must be determined by a differently constituted Employment Tribunal.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; claims remitted for re-hearing by a differently constituted Tribunal.

Orders

  • Employment Tribunal decision set aside
  • Claims remitted for re-hearing by a differently constituted Employment Tribunal