Spinner v HM Bennett (1971) Ltd [1998] UKEAT 1256_97_1012 (10 December 1998)

Spinner v HM Bennett (1971) Ltd [1998] UKEAT 1256_97_1012 (10 December 1998)

The appeal was dismissed because the appellant sought to raise a new case not argued below, and the written statement of terms governed the contract, with no exceptional circumstances to allow reopening the issue.

Citation
[1998] UKEAT 1256_97_1012
Parties
Appellant: Mr Spinner; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
10 December 1998
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Holiday Pay, Contractual Interpretation, Unauthorised Wage Deductions
Employment Law Holiday Pay Contractual Interpretation Unauthorised Wage Deductions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr Spinner

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the appellant was contractually entitled to 20 days accrued holiday pay on termination
  2. 2 Whether oral agreement or custom and practice could override the written statement of terms

Ratio Decidendi

The appeal was dismissed because the appellant sought to raise a new case not argued below, and the written statement of terms governed the contract, with no exceptional circumstances to allow reopening the issue.

Court Disposition

Appeal dismissed