Gambau v. Mark Catering Ltd [2000] UKEAT 286_00_2306 (23 June 2000)

Gambau v. Mark Catering Ltd [2000] UKEAT 286_00_2306 (23 June 2000)

The points raised by the appellants, particularly those in paragraphs 3(1) and 8 of the skeleton argument, are arguable and justify a full hearing to determine the correct construction of the Regulations as applied to casual night work.

Citation
[2000] UKEAT 286_00_2306
Parties
Appellant: Appellants; Respondent: Respondent Employer
Jurisdiction
United Kingdom
Judgment Date
23 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Permission granted for full hearing
Legal Topics
Working Time Regulations, Employee Entitlements, Casual Employment
Employment Law Working Time Regulations Employee Entitlements Casual Employment

Case Brief

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Parties

Appellants

Appellant

Respondent Employer

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the Working Time Regulations apply to employees' casual night work in addition to their day work for the same employer

Ratio Decidendi

The points raised by the appellants, particularly those in paragraphs 3(1) and 8 of the skeleton argument, are arguable and justify a full hearing to determine the correct construction of the Regulations as applied to casual night work.

Court Disposition

Permission granted for full hearing

Orders

  • Appellants to draft amended grounds of appeal embracing paragraphs 3(1) and 8 of the skeleton argument.
  • Matter to proceed in listing Category B with usual direction for skeleton arguments.