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

Posted In: Case Law
  • Case Reference
    EWCA Civ 974
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Redundancy and Reorganisation, Transfer of Undertaking (TUPE)
Issues covered: Enhanced Redundancy Payments; TUPE; Custom and Practice

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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This article is correct at 16/08/2013

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