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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> RPC Containers Ltd v Neville [1998] UKEAT 1246_97_2407 (24 July 1998)
URL: http://www.bailii.org/uk/cases/UKEAT/1998/1246_97_2407.html
Cite as: [1998] UKEAT 1246_97_2407
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| At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
MRS D M PALMER
MR P R A JACQUES CBE
RPC CONTAINERS LTD APPELLANT
MR A NEVILLE RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
| For the Appellants | MRS KAY SHAW (Personnel Consultant) PPC Ltd Enterprise House Great North Road Little Paxton Cambridgeshire PE19 4BQ |
| For the Respondent |
JUDGE PETER CLARK: This appeal, brought by the employer, RPC Containers Ltd, against a decision of the Bedford Industrial Tribunal promulgated with extended reasons on 29 July 1997, raises three arguable points of law, in our judgement, which may be formulated as follows:
(1) was the Industrial Tribunal entitled to find, as a matter of law, that there was imported into the contract made between the company and Mr Neville (the Applicant) by custom and practice or otherwise, a term that upon dismissal by reason of redundancy, the Applicant would receive an enhanced redundancy payment calculated on the formula two weeks gross pay for each year of service?
We think that that is the only arguable point on liability and we reject the further grounds of appeal in relation to consultation duties and the company law point which are set out in the Notice of Appeal.
(2) If such a term was properly found, as a matter of quantum of damage flowing from the company's breach of contract in failing to make the enhanced redundancy payment, should the statutory redundancy element, which was paid by the Appellant, be deducted from the gross calculation based on the two weeks per year's service formula?
(3) In calculating the compensatory award for unfair dismissal, ought credit to be given against the gross calculation of loss under this head, calculated by the Industrial Tribunal at £17,053.60, for the enhanced redundancy payment (excluding the statutory redundancy element) of £12,491.24, thus reducing the compensatory award from the maximum figure awarded by the Tribunal, £11,300 to £4,562.36?
It is these three issues only which we shall allow to proceed to a full appeal hearing. All other grounds of appeal are dismissed.
We give the following directions; this case should be listed for four hours, it is to be categorised C, skeleton arguments will be exchanged between the parties and copies lodged with this Tribunal not less that 14 days before the date fixed for the full appeal hearing. There are no other directions, in particular, there is no requirement for Chairman's Notes in this case.