||All England Reporter
|| All ER (D) 110 (Aug)
||Employment Appeal Tribunal
Recorder Luba QC, Mr M Clancy and Mr J Mallender
||Ian Scott (instructed by Re: Sources UK Ltd) for the employer.
||Ben Cooper (instructed by Thompsons Solicitors) for the employee.
||27 May 2011
Employment - Remuneration - Notice pay - Employee's contract of employment providing for three months' notice of dismissal - Employer company dismissing employee on grounds of redundancy without giving required notice - Employment tribunal deciding employer in breach of contract by failing to pay employee notice pay - Whether 'ex gratia' payment made to employee including notice pay.
Employment Remuneration. The Employment Appeal Tribunal (the EAT) dismissed the employer company's appeal against a decision of the employment tribunal to the effect that the employer had failed to pay the employee notice pay. The EAT took the view that the relevant words used in the employee's dismissal letter to refer to the payment in question would be taken by any reasonable and objective reader to mean a payment free from any legal obligation to pay it.
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