McGovern (t/a Terryvision) v. Dawson-Smith [2000] UKEAT 1458_99_2502 (25 February 2000)

McGovern (t/a Terryvision) v. Dawson-Smith [2000] UKEAT 1458_99_2502 (25 February 2000)

The tribunal was entitled to reach its decision based on the written submissions, and there was no error of law in awarding the sum for breach of contract; voluntary payments and excess notice do not reduce statutory obligations.

Citation
[2000] UKEAT 1458_99_2502
Parties
Appellant: Mr. McGovern; Respondent: Mr. Dawson-Smith
Jurisdiction
United Kingdom
Judgment Date
25 February 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Notice Periods, Statutory Rights, Sick Pay
Employment Law Breach of Contract Notice Periods Statutory Rights Sick Pay

Case Brief

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Parties

Mr. McGovern

Appellant

Mr. Dawson-Smith

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the tribunal erred in awarding £540 for breach of contract
  2. 2 Whether voluntary payments by the employer can be set off against statutory obligations
  3. 3 Whether giving more than statutory notice affects the award

Ratio Decidendi

The tribunal was entitled to reach its decision based on the written submissions, and there was no error of law in awarding the sum for breach of contract; voluntary payments and excess notice do not reduce statutory obligations.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.