Siemens Communications Ltd v. Cooke & Ors [2003] UKEAT 0193_03_2111 (21 November 2003)

Siemens Communications Ltd v. Cooke & Ors [2003] UKEAT 0193_03_2111 (21 November 2003)

Clause 3.2 of the Allowance Manual imposes an unqualified contractual obligation on Siemens to pay the vehicle allowance at the specified level for 48 months, regardless of whether employment is terminated during that period; no implied term can be read in to limit this obligation.

Citation
[2003] UKEAT 0193_03_2111
Parties
Appellant: Siemens Communications Limited; Respondent: Mr Cooke; Respondent: Mr Harte; Respondent: Mr Holley; Respondent: Mr Kirkman; Respondent: Mr Popplewell; Respondent: Mr Woods; Respondent: Mr Walker
Jurisdiction
United Kingdom
Judgment Date
21 November 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal dismissed
Legal Topics
Implied Terms, Vehicle Allowance, Redundancy, Breach of Contract
Employment Law Contract Law Implied Terms Vehicle Allowance Redundancy Breach of Contract

Case Brief

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Parties

Siemens Communications Limited

Appellant

Mr Cooke

Respondent

Mr Harte

Respondent

Mr Holley

Respondent

Mr Kirkman

Respondent

Mr Popplewell

Respondent

Mr Woods

Respondent

Mr Walker

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether clause 3.2 of the Allowance Manual imposes an unqualified contractual obligation to pay vehicle allowance for 48 months regardless of employment termination
  2. 2 Whether a term should be implied that payment ceases upon termination of employment

Ratio Decidendi

Clause 3.2 of the Allowance Manual imposes an unqualified contractual obligation on Siemens to pay the vehicle allowance at the specified level for 48 months, regardless of whether employment is terminated during that period; no implied term can be read in to limit this obligation.

Court Disposition

appeal dismissed

Orders

  • Siemens' appeal is dismissed
  • Permission to appeal to the Court of Appeal is refused