Scotts Company(Uk) Ltd v. Budd [2001] UKEAT 0823_01_1611 (16 November 2001)

Scotts Company(Uk) Ltd v. Budd [2001] UKEAT 0823_01_1611 (16 November 2001)

The matter is arguable as to whether the staff handbook varied the contract and the issue of notice entitlement requires a full hearing.

Citation
[2001] UKEAT 0823_01_1611
Parties
Appellant: Mr Budd
Jurisdiction
United Kingdom
Judgment Date
16 November 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to a full hearing.
Legal Topics
Contractual Notice, Variation of Contract, Employment Rights Act 1996
Employment Law Contractual Notice Variation of Contract Employment Rights Act 1996

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Budd

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Budd's contractual notice entitlement was twelve weeks or three months under the Employment Rights Act 1996
  2. 2 Whether the staff handbook consensually varied the contract of employment

Ratio Decidendi

The matter is arguable as to whether the staff handbook varied the contract and the issue of notice entitlement requires a full hearing.

Court Disposition

Matter to proceed to a full hearing.

Orders

  • Case listed for full hearing, category C, 2 hours with usual directions for skeleton arguments.
  • Liberty to apply for Chairman's Notes if the other side disputes the record.