MKG (Food Products) Ltd v Sissons [1993] UKEAT 541_92_1612 (16 December 1993)

MKG (Food Products) Ltd v Sissons [1993] UKEAT 541_92_1612 (16 December 1993)

The contract specified 40 hours as the fixed number of normal working hours, and overtime was not obligatory on the employer; therefore, only the 40 hours count as normal working hours for redundancy pay under Schedule 14 of the 1978 Act.

Citation
[1993] UKEAT 541_92_1612
Parties
Respondent: Mr Sissons; Appellants: Appellants
Jurisdiction
United Kingdom
Judgment Date
16 December 1993
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy Pay, Calculation of Normal Working Hours, Interpretation of Employment Contracts
Employment Law Redundancy Pay Calculation of Normal Working Hours Interpretation of Employment Contracts

Case Brief

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Parties

Mr Sissons

Respondent

Appellants

Appellants

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 How should 'normal working hours' be determined for redundancy pay under Schedule 14 of the 1978 Act when the contract specifies 40 hours or as dictated by the course of business?
  2. 2 Does variable overtime count towards normal working hours for redundancy calculations?

Ratio Decidendi

The contract specified 40 hours as the fixed number of normal working hours, and overtime was not obligatory on the employer; therefore, only the 40 hours count as normal working hours for redundancy pay under Schedule 14 of the 1978 Act.

Court Disposition

Appeal dismissed