Case 2405912/2022 · Employment Tribunal
Mr I Phillips v Applied Corrosion Monitoring Ltd — 2023
- Case reference
- 2405912/2022
- Decision date
- 21 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald
- Venue
- Manchester
Parties
2 namedClaimant
Mr I Phillips
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr I Phillips, had worked for the respondent for more than 30 years and was a participant in the respondent's bonus bond scheme. The tribunal found that the scheme documentation did not expressly deal with redundancy where a bondholder had more than 20 years' service, but it did provide that employees with less than 20 years lost their bonds on leaving, and it contained express retirement and death provisions. The tribunal found that, on the facts and the wording of the contract, the claimant retained his bonds after redundancy and the contract was silent on how they should be dealt with on that occasion.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that payment on cashing in the bonus bonds would be made to the claimant in his capacity as a bond holder, not as a worker, and was therefore excluded from 'wages' by s.27(2)(e) ERA 1996. It also said that, if it had been wrong on that point, the sums were capable of quantification. | Dismissed | — | — |
| Breach of contract | The tribunal found an implied term that, if made redundant, the claimant could opt to cash in his entire bond holding at once. The respondent breached that term by refusing to allow him to do so after his written request on 19 January 2022; damages were left for a remedy hearing. | Upheld | — | — |
Legal tests applied
13 references- s.13 ERA 1996
- s.27 ERA 1996
- s.27(2)(e) ERA 1996
- New Century Cleaning Co Ltd v Church
- RTS Flexible Systems objective approach
- Blue v Ashley objective approach to oral agreements
- Ali v Petroleum business efficacy
- Devonald v Rosser and Sons custom and practice
- Sagar v H Ridehalgh and Son Ltd custom and practice
- Mears v Safecar Security Ltd course of dealing
- Shirlaw officious bystander test
- Horkulak v Cantor Fitzgerald implied discretion term
- Coors Brewers Ltd v Adcock quantifiable sums
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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