Cornwall & Ors v Eclipse (UK) Ltd [1996] UKEAT 1294_95_2902 (29 February 1996)
The tribunal failed to make a specific and important finding as to what the terms and conditions of employment would have been if a reduction in hours had not been implemented by 1st April 1994, constituting an error of law justifying remittal.
- Citation
- [1996] UKEAT 1294_95_2902
- Parties
- Appellants: Applicants; Respondents: Respondents
- Jurisdiction
- United Kingdom
- Judgment Date
- 29 February 1996
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal
- Outcome
- Remitted to Industrial Tribunal
- Legal Topics
- Contract of Employment, Transfer of Undertakings, Working Hours, Harmonisation of Terms
Case Brief
Summary, issues, holding and outcome
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Parties
Applicants
Appellants
Respondents
Respondents
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether the basic working week at the material time was 39 hours or 37 hours
- 2 Whether the terms and conditions of employment transferred included a 39-hour week
Ratio Decidendi
The tribunal failed to make a specific and important finding as to what the terms and conditions of employment would have been if a reduction in hours had not been implemented by 1st April 1994, constituting an error of law justifying remittal.
Court Disposition
Remitted to Industrial Tribunal
Orders
- Matter remitted to the same Industrial Tribunal for reconsideration with liberty to consider additional evidence.
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