On Line Design & Engineering Ltd v Engineering Construction Industry Training Board

On Line Design & Engineering Ltd v Engineering Construction Industry Training Board

The Employment Tribunal was entitled to find, based on industry understanding and the evidence, that the office environments within client premises constituted 'sites' where engineering construction activities are carried on, making the appellant's employees 'site employees' liable for the higher levy rate. There was no error of law or ambiguity requiring resolution in favour of the appellant.

Parties
Appellant: On Line Design & Engineering Ltd; Respondent: Engineering Construction Industry Training Board
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Industrial Training Levy, Statutory Interpretation, Employment Tribunal Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

On Line Design & Engineering Ltd

Appellant

Engineering Construction Industry Training Board

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the appellant's employees working in office environments at client sites are 'site employees' under the Industrial Training Levy Orders
  2. 2 Proper interpretation of 'site' for levy purposes

Ratio Decidendi

The Employment Tribunal was entitled to find, based on industry understanding and the evidence, that the office environments within client premises constituted 'sites' where engineering construction activities are carried on, making the appellant's employees 'site employees' liable for the higher levy rate. There was no error of law or ambiguity requiring resolution in favour of the appellant.

Court Disposition

Appeal dismissed