||All England Reporter
|| All ER (D) 172 (Mar)
||Employment Appeal Tribunal
Recorder Burke QC, Mr B Gibbs and Dr D Greives
||Richard Bradley (instructed by Mace & Jones, Liverpool) for the employer.
||Damian Brown (instructed by USDAW) for the employees.
||12 March 2002
Redundancy - Dismissal by reason of redundancy - Calculation of amount of payment - Calculation method provided for by collective agreement - Employees contending payment not correctly calculated - Employment tribunal finding variation of agreement - Whether tribunal in error.
The respondent employees had been made redundant and brought a claim regarding the calculation of their redundancy payments, which were calculated pursuant to a collective agreement. Allowing the appeal, it was held that the employment tribunal had erred in that it had found that the agreement had been varied without specifying whether it was the collective agreement or the employees' contracts of employment that had been varied, and where no such submission formed part of the employees' case.
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