Peacock Stores v Peregrine & Ors (Contract of Employment) [2014] UKEAT 0315_13_2503 (25 March 2014)

Peacock Stores v Peregrine & Ors (Contract of Employment) [2014] UKEAT 0315_13_2503 (25 March 2014)

The Employment Judge was entitled to infer a contractual term for enhanced redundancy payments without statutory caps based on consistent practice up to 2006; no evidence of lawful variation thereafter; entitlement to holiday pay depends on individual proof, which was established for Mrs Matthews but not for Ms Norman.

Citation
[2014] UKEAT 0315_13_2503
Parties
Respondent: Peacocks; Appellant: Mrs Matthews; Appellant: Ms Norman; Appellant: Mr Peregrine
Jurisdiction
United Kingdom
Judgment Date
25 March 2014
Procedural Posture
Employment Appeal / Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Implied Terms, Redundancy Payments, Holiday Pay, Variation of Contract, Custom and Practice
Employment Law Contract Law Implied Terms Redundancy Payments Holiday Pay Variation of Contract Custom and Practice

Case Brief

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Parties

Peacocks

Respondent

Mrs Matthews

Appellant

Ms Norman

Appellant

Mr Peregrine

Appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether a contractual term for enhanced redundancy payments without statutory caps can be inferred from custom and practice
  2. 2 Whether the employer lawfully varied the implied term after 2006
  3. 3 Whether the claimants are entitled to accrued holiday pay

Ratio Decidendi

The Employment Judge was entitled to infer a contractual term for enhanced redundancy payments without statutory caps based on consistent practice up to 2006; no evidence of lawful variation thereafter; entitlement to holiday pay depends on individual proof, which was established for Mrs Matthews but not for Ms Norman.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Employment Judge's decision upheld
  • No entitlement to holiday pay for Ms Norman