David Wilson Homes Ltd v Glass & Anor [2008] UKEAT 0544_07_1106 (11 June 2008)

David Wilson Homes Ltd v Glass & Anor [2008] UKEAT 0544_07_1106 (11 June 2008)

The Employment Tribunal failed to conduct a sufficiently detailed analysis of the contractual terms and their application to the facts, including which terms were varied, waived, or not enforced. The errors and lack of clarity in reasoning require the decision to be set aside and the matter remitted for rehearing.

Citation
[2008] UKEAT 0544_07_1106
Parties
Appellant: David Wilson Homes Ltd; Respondent: Mr Glass; Respondent: Mr Horner
Jurisdiction
United Kingdom
Judgment Date
11 June 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted to a fresh tribunal for rehearing.
Legal Topics
Worker Status, Holiday Pay, Contractual Interpretation, Working Time Regulations, Rolled Up Holiday Pay
Employment Law Worker Status Holiday Pay Contractual Interpretation Working Time Regulations Rolled Up Holiday Pay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

David Wilson Homes Ltd

Appellant

Mr Glass

Respondent

Mr Horner

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Claimants were 'workers' under the Working Time Regulations 1998
  2. 2 Whether the contractual terms permitted personal service or substitution
  3. 3 Whether the Claimants operated a business undertaking

Ratio Decidendi

The Employment Tribunal failed to conduct a sufficiently detailed analysis of the contractual terms and their application to the facts, including which terms were varied, waived, or not enforced. The errors and lack of clarity in reasoning require the decision to be set aside and the matter remitted for rehearing.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted to a fresh tribunal for rehearing.

Orders

  • Matter remitted to a fresh Employment Tribunal for rehearing.
  • Employment Tribunal decision set aside.