Park Cakes Ltd v Shumba & Ors [2013] EWCA Civ 974

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.