The Industrial Cases Reports
[2022] ICR 722
Queen’s Bench Division
Union of Shop, Distributive and Allied Workers and others v Tesco Stores Ltd
[2022] EWHC 201 (QB)
2021 May 5, 6;
2022 Feb 3
2022 Feb 3
Ellenbogen J
Employment— Contract of employment— Implied term— Employment contracts providing for entitlement to enhanced pay on “permanent” basis— Express term also allowing for termination of employment on provision of notice— Employer seeking to terminate contracts and re-engage employees on terms not including enhanced pay entitlement— Meaning of “permanent”— Whether term to be implied to effect employer not to exercise express right to terminate for purposes of removing entitlement to enhanced pay