Jurisdiction(s):
United Kingdom

Employment Appeal Tribunal overturns ET decision in Heathrow Express case: third‑party travel scheme terms not incorporated; remitted to decide effect of £750 settlements on lifelong rail benefits and jurisdiction

Published on: 04 June 2024

Published by a Law360 reporter

Legal News

Article summary

Adekoya and others v Heathrow Express Operating Co Ltd [2024] EAT 72

In a judgment dated 16 April 2024, Judge Simon Auerbach determined that the first tribunal must reconsider whether employees made redundant had waived their entitlement to continuing travel benefits by taking a £750 payment. The decision said this was required because the tribunal’s central reasoning—that a third‑party provider had removed the entitlement—was defective. The ruling was only recently published. The first tribunal will therefore have to revisit that issue again. He noted that the only grounds the tribunal identified for finding that any surviving right had at some point stopped being effective, on the basis it had been varied without breach by the respondent, had been set aside. He added that those bases had been overturned. Adekoya and several other claimants volunteered for redundancy at Heathrow Express Operating Co Ltd in June 2020. They later maintained that the company had breached their contracts by declining to grant them lifelong travel benefits, the judgment records...

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