Moore & Ors v. Simoco Europe Ltd [2003] UKEAT 0725_02_1403 (14 March 2003)

Moore & Ors v. Simoco Europe Ltd [2003] UKEAT 0725_02_1403 (14 March 2003)

The Employment Tribunal failed to give adequate reasons for its decision, particularly regarding whether the implied term arose from custom and practice prior to the transfer in 1995, rendering the decision not Meek compliant.

Citation
[2003] UKEAT 0725_02_1403
Parties
Appellant: Mr Moore and 9 others; Respondent: Simoco Europe Ltd
Jurisdiction
United Kingdom
Judgment Date
14 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Implied Contractual Terms, Custom and Practice, Redundancy Payments, Breach of Contract
Employment Law Contract Law Implied Contractual Terms Custom and Practice Redundancy Payments Breach of Contract

Case Brief

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Parties

Mr Moore and 9 others

Appellant

Simoco Europe Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether an additional payment equivalent to half notice pay was an implied contractual term by custom and practice
  2. 2 Whether the Employment Tribunal gave adequate reasons for its decision

Ratio Decidendi

The Employment Tribunal failed to give adequate reasons for its decision, particularly regarding whether the implied term arose from custom and practice prior to the transfer in 1995, rendering the decision not Meek compliant.

Court Disposition

appeal allowed

Orders

  • matter remitted for rehearing before a different Chairman sitting with lay members