Perry & Anor v A Decision of the Employment Appeal Tribunal [2013] ScotCS CSIH_35 (26 February 2013)

Perry & Anor v A Decision of the Employment Appeal Tribunal [2013] ScotCS CSIH_35 (26 February 2013)

The Employment Appeal Tribunal erred in substituting its own discretion for that of the Employment Tribunal, which had properly considered the relevant facts, law, and regulations in refusing to award expenses; there was no error of law or principle in the Employment Tribunal's decision.

Source-derived case information.

Citation
[2013] ScotCS CSIH_35
Parties
Appellant: Mrs M Perry; Appellant: Mrs K Hamilton; Respondent: Turning Point Scotland
Jurisdiction
Scotland
Judgment Date
26 February 2013
Procedural Posture
Appeal Under Section 57(1) of the Employment Tribunal Acts 1996 / Appeal From Employment Appeal Tribunal to Court of Session
Outcome
appeal allowed
Legal Topics
National Minimum Wage, Expenses (costs) in Employment Tribunal, Withdrawal of Claims, Breach of Contract, Unlawful Deduction From Wages
Employment Law Labour Law National Minimum Wage Expenses (costs) in Employment Tribunal Withdrawal of Claims Breach of Contract Unlawful Deduction From Wages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs M Perry

Appellant

Mrs K Hamilton

Appellant

Turning Point Scotland

Respondent

Procedural Posture

Appeal Under Section 57(1) of the Employment Tribunal Acts 1996 / Appeal From Employment Appeal Tribunal to Court of Session

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in overturning the Employment Tribunal's refusal to award expenses against the appellants after withdrawal of their claims
  2. 2 Whether the claims brought by the appellants were misconceived or unreasonably conducted so as to justify an award of expenses

Ratio Decidendi

The Employment Appeal Tribunal erred in substituting its own discretion for that of the Employment Tribunal, which had properly considered the relevant facts, law, and regulations in refusing to award expenses; there was no error of law or principle in the Employment Tribunal's decision.

Court Disposition

appeal allowed

Orders

  • Order of the Employment Tribunal refusing expenses reinstated