The price of generosity

08 Apr 2014

The Employment Appeal Tribunal (EAT) recently had a look at the circumstances in which a term can be implied into a contract of employment by custom and practice. The case of Peacock Stores v Peregrine is not so much interesting because it created any new principles but more because it acts as a reminder that, inadvertently, an employer can give away rather more than they bargained for.

The case related to enhanced redundancy payments that had been made over a long period of time in respect of a succession of redundancy programmes. Was this sufficient to establish a contractual entitlement to an enhanced payment even though nothing had been written into any policies and nothing had been promised to staff? The EAT looked at the relevant authorities and reminded itself that what was important to look at was how the employer’s intentions came across. If an employer, through its conduct, appears to show an intention that employees should enjoy a benefit as of right, then that will establish an implied contractual right.

What an employer says or does therefore becomes much more important than what the employer might intend.

Courts will look at how often and over how long a period the benefits have been paid; whether the benefits were always the same; the extent to which the enhanced benefits were publicised generally; and what was said about benefits.

The same principles would apply to other benefits such as bonuses that are paid, staff discounts, or overtime payments. If an employer wants to make such payments without being at risk of creating an ongoing entitlement – they need to be very clear as to what their intentions are.

Further reading

Commercial landlords face extended restrictions

Blog, Legal Updates
Landlords take another hit as tenants’ protection mandated to last two years; Lawrence Morley takes a look
Read more Read

New Homes Quality Code – consultation under way

Blog, Legal Updates
Now is the time for housing developers to contribute to the discussion about new quality code
Read more Read

Is changing terms of employment about to become more difficult?

Employers beware. It may become more difficult to change terms of employment through the process of dismissal and re-engagement or “fire and rehire”.
Read more Read

Is the menopause really a business issue?

Abigail Maino explores the extent to which employers should be supporting employees who may be struggling with symptoms of the menopause
Read more Read
  • Brighton Office

    1 Jubilee Street


    East Sussex

    BN1 1GE

  • Gatwick Office

    Griffin House

    135 High Street


    West Sussex

    RH10 1DQ

  • Guildford Office

    Wonersh House

    The Guildway

    Old Portsmouth Road



    GU3 1LR

  • Horsham Office

    Ridgeland House

    15 Carfax


    West Sussex

    RH12 1DY

  • London Office

    6 New Street Square

    New Fetter Lane


    EC4A 3BF

  • Get in touch