Ghiglieri v Systech Group Employees Ltd (Contract of Employment) [2017] UKEAT 0310_16_0706 (07 June 2017)

Ghiglieri v Systech Group Employees Ltd (Contract of Employment) [2017] UKEAT 0310_16_0706 (07 June 2017)

The Employment Tribunal erred in law by requiring notoriety among employees for a term to be implied by custom and practice in an individual contract, and by failing to consider or give reasons for rejecting relevant evidence supporting breach of trust and confidence. The Tribunal's decision was set aside and the claim remitted for reconsideration.

Citation
[2017] UKEAT 0310_16_0706
Parties
Claimant/appellant: Mr Ghiglieri; Respondent: Respondent (Company)
Jurisdiction
United Kingdom
Judgment Date
07 June 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside
Legal Topics
Implied Terms, Custom and Practice, Constructive Dismissal, Bonus Entitlement, Breach of Trust and Confidence
Employment Law Implied Terms Custom and Practice Constructive Dismissal Bonus Entitlement Breach of Trust and Confidence

Case Brief

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Parties

Mr Ghiglieri

Claimant/appellant

Respondent (Company)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether a term for quarterly bonus payments should be implied into the employment contract
  2. 2 Whether the Respondent breached the implied term of trust and confidence
  3. 3 Whether the Respondent was contractually entitled to require the Claimant to return to London after working abroad

Ratio Decidendi

The Employment Tribunal erred in law by requiring notoriety among employees for a term to be implied by custom and practice in an individual contract, and by failing to consider or give reasons for rejecting relevant evidence supporting breach of trust and confidence. The Tribunal's decision was set aside and the claim remitted for reconsideration.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside

Orders

  • Claim remitted to Employment Tribunal to determine entitlement to quarterly bonus and breach of trust and confidence