Wilson v Energy Support Management Pte Ltd (Contract of Employment : Implied Term/Variation/Construction of Term) [2014] UKEAT 0043_13_2201 (22 January 2014)

Wilson v Energy Support Management Pte Ltd (Contract of Employment : Implied Term/Variation/Construction of Term) [2014] UKEAT 0043_13_2201 (22 January 2014)

The Employment Tribunal made an inconsistent finding on a vital matter, resulting in a judgment that was not clear and unequivocal, amounting to an error of law. The case must be remitted for rehearing with all evidence before a freshly constituted Tribunal.

Citation
[2014] UKEAT 0043_13_2201
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 January 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted to a freshly constituted Tribunal for rehearing.
Legal Topics
Contract of Employment, Implied Terms, Variation, Construction of Terms, Unlawful Deduction From Wages, Sick Pay, Holiday Pay
Employment Law Contract of Employment Implied Terms Variation Construction of Terms Unlawful Deduction From Wages Sick Pay Holiday Pay

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Claimant was entitled to payment under clause 3 of the collective agreement during sickness absence or only sick pay under clause 28
  2. 2 Interpretation of contract and collective agreement regarding salary and sick pay
  3. 3 Whether the Employment Tribunal erred in law by making inconsistent findings

Ratio Decidendi

The Employment Tribunal made an inconsistent finding on a vital matter, resulting in a judgment that was not clear and unequivocal, amounting to an error of law. The case must be remitted for rehearing with all evidence before a freshly constituted Tribunal.

Court Disposition

Appeal allowed; case remitted to a freshly constituted Tribunal for rehearing.

Orders

  • Remit case to a new Tribunal for complete rehearing with evidence.