Siemens Communications Limited v Cooke and Others EAT, 21 November 2003

Say what you mean: What a company policy states at face value is not easy to interpret differently – even if that was the intention, the EAT confirmed.

Cooke was made redundant. During his employment he had received a monthly car allowance. The Personnel Policy Manual stated: ‘An employee opting to take a car allowance will receive the same level of allowance for a period of 48 months from the date the allowance is first taken’. Cooke argued that he should be entitled to the allowance until the 48 months had expired.

The tribunal concluded the manual was clear, and he should receive the car allowance for 48 months. The company appealed, unsuccessfully.


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