On Line Design and Engineering Ltd, R (on the application of) v Engineering Construction Industry Training Board

On Line Design and Engineering Ltd, R (on the application of) v Engineering Construction Industry Training Board

The appeal was dismissed because the appellant failed to provide sufficient evidence to enable the Tribunal to determine which, if any, agency employees were 'off site' for levy purposes. The Tribunal was entitled to conclude, on the evidence, that the appellant had not discharged the burden of proof. There was no error of law in the Tribunal's approach to the definition of 'site' or its application to the facts.

Parties
Claimant: On Line Design and Engineering Limited; Defendant: Engineering Construction Industry Training Board
Jurisdiction
England and Wales
Judgment Date
22 October 2010
Procedural Posture
Judicial Review / Statutory Appeal / High Court Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Industrial Training Levy, Definition of 'site Employee', Burden of Proof in Levy Appeals, Costs and Interest on Tribunal Awards
Administrative Law Employment Law Statutory Interpretation Industrial Training Levy Definition of 'site Employee' Burden of Proof in Levy Appeals Costs and Interest on Tribunal Awards

Case Brief

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Parties

On Line Design and Engineering Limited

Claimant

Engineering Construction Industry Training Board

Defendant

Procedural Posture

Judicial Review / Statutory Appeal / High Court Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in classifying agency workers as 'site employees' for levy purposes under the Industrial Training Levy Order
  2. 2 Whether sufficient evidence was provided by the appellant to distinguish between 'site' and 'off site' employees
  3. 3 Proper interpretation of 'site' under the relevant statutory provisions

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide sufficient evidence to enable the Tribunal to determine which, if any, agency employees were 'off site' for levy purposes. The Tribunal was entitled to conclude, on the evidence, that the appellant had not discharged the burden of proof. There was no error of law in the Tribunal's approach to the definition of 'site' or its application to the facts.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay interest at 8% from 19 January, amounting to £19,079.84
  • Appellant to pay respondent's costs, summarily assessed at £27,000 including VAT