Castle View Services Ltd v. Apps & Ors [2001] UKEAT 290_01_1203 (12 March 2001)

The Tribunal's refusal to adjourn was lawful and reasonable, balancing the interests of both parties and ensuring timely justice for Applicants; no error of law was found.

Citation: [2001] UKEAT 290_01_1203
Parties: Appellant: Castle View; First Respondent: Rowley Ashworth; Third Respondent: UNISON; Fourth Respondent: Citizens Advice Bureau
Jurisdiction: United Kingdom
Judgment Date: 12 March 2001
Procedural Posture: Employment Appeal / Appeal Against Refusal to Adjourn Remedies Hearing
Outcome: Appeal dismissed
Legal Topics: Redundancy, Transfer of Undertakings (tupe), Remedies Hearing, Adjournment, Jurisdiction

Employment Law Redundancy Transfer of Undertakings (tupe) Remedies Hearing Adjournment Jurisdiction

Case Brief

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Parties

Castle View

Appellant

Rowley Ashworth

First Respondent

UNISON

Third Respondent

Citizens Advice Bureau

Fourth Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Adjourn Remedies Hearing

Legal Issues

1 Whether the Tribunal erred in refusing to adjourn the remedies hearing pending appeal on TUPE transfer issue
2 Adequacy of indemnity offered by West Sussex County Council
3 Whether Applicants could be paid twice

Ratio Decidendi

The Tribunal's refusal to adjourn was lawful and reasonable, balancing the interests of both parties and ensuring timely justice for Applicants; no error of law was found.

Court Disposition

Appeal dismissed

Orders

Applicants must give undertakings to give credit for sums received to prevent double payment.
Proceedings will be stayed for any Applicant who does not give such undertaking until TUPE issue is resolved or undertaking is given.