Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Enhanced redundancy implied by custom and practice
In Peacock Stores v Peregrine and others the EAT has upheld an Employment Tribunal decision that an enhanced redundancy payment term which was nowhere in writing but which was confirmed by the former head of HR as custom and practice, and for which there was clear evidence that it had been used over a number of years, was an implied term upon which three employees who were made redundant and who were not paid in accordance with the enhanced terms were entitled to rely. The Tribunal looked at redundancies which had taken place in the company over several periods dating back 30 to 40 years and concluded that, although the practice was not completely consistent, it was sufficiently evident to become an implied term through custom and practice.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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