Clarke v Frank Staddon Ltd [2006] EWCA Civ 1470 (17 October 2006)

Clarke v Frank Staddon Ltd [2006] EWCA Civ 1470 (17 October 2006)

The appeal was allowed because the Employment Tribunal's fact-finding was based on a misapprehension of the law, as clarified by the European Court of Justice, necessitating a rehearing. The appellant, as the successful party, was entitled to costs of the appeal, including the reference to the European Court of Justice.

Citation
[2006] EWCA Civ 1470
Parties
Claimant/appellant: Clarke; Defendant/respondent: Frank Staddon Ltd
Jurisdiction
England and Wales
Judgment Date
17 October 2006
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Unpaid Holiday Pay, Working Time Directive, Remittal for Rehearing, Costs on Appeal
Employment Law European Union Law Unpaid Holiday Pay Working Time Directive Remittal for Rehearing Costs on Appeal

Case Brief

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Parties

Clarke

Claimant/appellant

Frank Staddon Ltd

Defendant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal principles regarding unpaid holiday pay under the Working Time Directive
  2. 2 Whether the fact-finding exercise was deficient due to a misapprehension of the law
  3. 3 Entitlement to costs following a successful appeal

Ratio Decidendi

The appeal was allowed because the Employment Tribunal's fact-finding was based on a misapprehension of the law, as clarified by the European Court of Justice, necessitating a rehearing. The appellant, as the successful party, was entitled to costs of the appeal, including the reference to the European Court of Justice.

Court Disposition

Appeal allowed

Orders

  • Judgments of the Employment Tribunal and Employment Appeal Tribunal set aside
  • Case remitted to the London Central Employment Tribunal for rehearing in light of the European Court of Justice judgment