Andrew v Eden College & Ors (Practice and Procedure : Costs) [2011] UKEAT 0438_10_1005 (10 May 2011)

Andrew v Eden College & Ors (Practice and Procedure : Costs) [2011] UKEAT 0438_10_1005 (10 May 2011)

Preparation time orders cannot include time spent at any hearing; the Employment Tribunal erred in awarding preparation time for attendance at the hearing.

Citation
[2011] UKEAT 0438_10_1005
Parties
Appellant: Mrs Andrew; First Respondent: Eden College; Second Respondent: Freda Jacobson
Jurisdiction
United Kingdom
Judgment Date
10 May 2011
Procedural Posture
Employment Appeal Tribunal / Appeal Against Preparation Time Order
Outcome
Appeal allowed
Legal Topics
Preparation Time Orders, Costs, Jurisdiction of Employment Tribunal
Employment Law Practice and Procedure Preparation Time Orders Costs Jurisdiction of Employment Tribunal

Case Brief

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Parties

Mrs Andrew

Appellant

Eden College

First Respondent

Freda Jacobson

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Preparation Time Order

Legal Issues

  1. 1 Whether Employment Tribunal erred in awarding preparation time for attendance at hearing
  2. 2 Whether Employment Tribunal had jurisdiction to award preparation time for attending hearing under rule 42

Ratio Decidendi

Preparation time orders cannot include time spent at any hearing; the Employment Tribunal erred in awarding preparation time for attendance at the hearing.

Court Disposition

Appeal allowed

Orders

  • Preparation time order set aside
  • Matter remitted to same Employment Tribunal for reconsideration