Park Cakes Ltd v Shumba & Ors  EWCA Civ 974Posted In: Case Law
Case ReferenceEWCA Civ 974
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionRedundancy and Reorganisation, Transfer of Undertaking (TUPE)
In this case the appellant employer appealed against a decision of the EAT that an Employment Tribunal had been wrong to find that enhanced redundancy payments had not been paid to their employees as a matter of custom and practice. The employees in this case were made redundant two years after a TUPE transfer. They claimed they were contractually entitled to enhanced redundancy payments of twice the statutory amount, plus a lump sum of £600, under a formal redundancy scheme that had been operated for many years. The employer claimed that the payments had been made under a company policy rather than a contractual obligation, and that the policy had not been communicated to the employees.
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