Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Can enhanced redundancy entitlements be implied?

by Personnel Today 21 Mar 2000
by Personnel Today 21 Mar 2000

This week’s case round up

Pellowe v Pendragon, IRLB 634, EAT

• Following a Tupe transfer, Pellowe’s employment transferred from Lex to
Pendragon which subsequently made her redundant. She received her statutory
redundancy entitlement but brought a breach of contract claim on the basis that
under her contract with Lex she was entitled to an enhanced payment.

She argued that for 20 years Lex had a policy of making enhanced payments
calculated in accordance with a multiplier set out in the management manual.

Moreover, the employee handbook contained a statement that compensation
would be paid to redundant employees.

The tribunal dismissed Pellowe’s claim because there was no express
contractual term giving rise to an enhanced payment and no term could be
implied by custom or practice.

Pellowe’s appeal to the EAT was unsuccessful. The manual was an instruction
manual for managers; it had not been formally circulated to employees and did
not impose a contractual obligation to make enhanced redundancy payments.

Causation and disability discrimination

Murphy v Sheffield Hallam University, IRLB 635, EAT

Murphy, who was deaf, applied for a position at the university and referred
to his disability on the application form. His first interview was adjourned
because the university failed to arrange for a sign interpreter to attend.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Following the resumed interview Murphy was not offered the job and he
brought a disability claim. Although the tribunal held that he had been
discriminated against at the first interview, due to the university’s failure
to arrange for a sign interpreter to attend, and awarded him £2,500, it held
that Murphy’s disability played no part in the decision to appoint another
individual, who was not disabled. The tribunal accepted the university’s
assessment that the other candidate was the best.

Murphy appealed, unsuccessfully, to the EAT which held he had not
established the necessary causative link between his disability and the
decision not to offer him the job. Accordingly, Murphy’s disability was not an
effective and predominant cause of his less favourable treatment.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Jobs scheme steps up a gear
next post
Best Practice

You may also like

Five misconceptions about hiring refugees

20 Jun 2025

Forward features list 2025 – submitting content to...

23 Nov 2024

Features list 2021 – submitting content to Personnel...

1 Sep 2020

Large firms have no plans to bring all...

26 Aug 2020

A typical work-from-home lunch: crisps

24 Aug 2020

Occupational health on the coronavirus frontline – ‘I...

21 Aug 2020

Occupational Health & Wellbeing research round-up: August 2020

7 Aug 2020

Acas: Redundancy related enquiries surge 160%

5 Aug 2020

Coronavirus: lockdown ‘phase two’ may bring added headaches...

17 Jul 2020

Unemployment to top 4 million as workers come...

15 Jul 2020

  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more
  • Preparing for a new era of workforce planning (webinar) WEBINAR | Employers now face...Read more
  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+