Phoenix Catering Ltd v. Mayers [2001] UKEAT 0302_01_1910 (19 October 2001)

Phoenix Catering Ltd v. Mayers [2001] UKEAT 0302_01_1910 (19 October 2001)

The Employment Tribunal breached natural justice by awarding holiday pay for a period not claimed and without giving the Respondent an opportunity to address it; the appeal must be allowed and the award set aside.

Citation
[2001] UKEAT 0302_01_1910
Parties
Applicant: Miss Mayers; Respondent: Phoenix Catering Ltd
Jurisdiction
United Kingdom
Judgment Date
19 October 2001
Procedural Posture
Employment Appeal / Full Hearing After Preliminary Hearing and Appeal
Outcome
Appeal allowed; Originating Application dismissed
Legal Topics
Holiday Pay, Natural Justice, Tribunal Procedure
Employment Law Holiday Pay Natural Justice Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Mayers

Applicant

Phoenix Catering Ltd

Respondent

Procedural Posture

Employment Appeal / Full Hearing After Preliminary Hearing and Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding holiday pay for a period not claimed by the Applicant
  2. 2 Whether the Respondent was denied an opportunity to address the claim for holiday pay for the year November 1998 to November 1999

Ratio Decidendi

The Employment Tribunal breached natural justice by awarding holiday pay for a period not claimed and without giving the Respondent an opportunity to address it; the appeal must be allowed and the award set aside.

Court Disposition

Appeal allowed; Originating Application dismissed

Orders

  • Employment Tribunal's award set aside
  • No remission for re-hearing