Elliot v. Hackney [2000] UKEAT 853_99_1301 (13 January 2000)

Elliot v. Hackney [2000] UKEAT 853_99_1301 (13 January 2000)

Appellant was not entitled to statutory redundancy payment as resignation occurred after four calendar weeks in new post; no voluntary severance payment as no evidence of managerial agreement on job unsuitability.

Citation
[2000] UKEAT 853_99_1301
Parties
Appellant: Mr Elliot; Respondent: Hackney Council
Jurisdiction
United Kingdom
Judgment Date
13 January 2000
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal Against Review Decision
Outcome
appeal dismissed
Legal Topics
Redundancy Payment, Voluntary Severance, Trial Period, Review of Tribunal Decision
Employment Law Contract Law Redundancy Payment Voluntary Severance Trial Period Review of Tribunal Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Elliot

Appellant

Hackney Council

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal Against Review Decision

Legal Issues

  1. 1 Entitlement to statutory redundancy payment after resignation post-trial period
  2. 2 Contractual entitlement to voluntary severance payment based on redeployee status

Ratio Decidendi

Appellant was not entitled to statutory redundancy payment as resignation occurred after four calendar weeks in new post; no voluntary severance payment as no evidence of managerial agreement on job unsuitability.

Court Disposition

appeal dismissed

Orders

  • No further hearing; original and review tribunal decisions affirmed; claims for statutory redundancy and voluntary severance payments dismissed.