Cohen v IPG (Europe) Ltd [2004] UKEAT 0776_03_0103 (1 March 2004)

Cohen v IPG (Europe) Ltd [2004] UKEAT 0776_03_0103 (1 March 2004)

The tribunal failed to apply the correct legal tests for implying a term and did not make findings as to the existence of an express oral term. The appeal is allowed and the matter is remitted for rehearing by a differently constituted tribunal.

Citation
[2004] UKEAT 0776_03_0103
Parties
Appellant: Mrs Cohen; Respondent: IPG
Jurisdiction
United Kingdom
Judgment Date
01 March 2004
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed
Legal Topics
Implied Terms, Restrictive Covenants, Unlawful Deduction From Wages, Constructive Dismissal
Employment Law Contract Law Implied Terms Restrictive Covenants Unlawful Deduction From Wages Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Cohen

Appellant

IPG

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the tribunal erred in law by implying a term that outstanding commission would not be paid if the Appellant left to work in breach of Clause 2
  2. 2 Whether the tribunal properly applied legal tests for implied terms
  3. 3 Whether the tribunal confused express and implied terms

Ratio Decidendi

The tribunal failed to apply the correct legal tests for implying a term and did not make findings as to the existence of an express oral term. The appeal is allowed and the matter is remitted for rehearing by a differently constituted tribunal.

Court Disposition

Appeal allowed

Orders

  • Matter to be reheard by a differently constituted tribunal