Mitchell & Ors v Amersham & Wycombe College [2003] UKEAT 0483_02_3103 (31 March 2003)

Mitchell & Ors v Amersham & Wycombe College [2003] UKEAT 0483_02_3103 (31 March 2003)

The appeal is rendered academic by the Respondent's offer to pay the full monetary claims, and the Appellants are not entitled to a declaration regarding rolled up hourly rates under Regulation 30(5); only an order for payment is available.

Source-derived case information.

Citation
[2003] UKEAT 0483_02_3103
Parties
Appellant: Ms Mitchell; Appellant: Ms Lynn; Appellant: Mr Nagulendran; Respondent: Respondent College
Jurisdiction
United Kingdom
Judgment Date
31 March 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
appeal stayed pending payment; appeal dismissed upon payment
Legal Topics
Holiday Pay, Working Time Regulations 1998, Remedies for Breach, Rolled Up Hourly Rate
Employment Law Holiday Pay Working Time Regulations 1998 Remedies for Breach Rolled Up Hourly Rate

Source-derived case record

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Parties

Ms Mitchell

Appellant

Ms Lynn

Appellant

Mr Nagulendran

Appellant

Respondent College

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Respondent failed to pay holiday pay contrary to the Working Time Regulations 1998
  2. 2 Whether the Appellants are entitled to a declaration regarding the impermissibility of rolled up hourly rates including holiday pay

Ratio Decidendi

The appeal is rendered academic by the Respondent's offer to pay the full monetary claims, and the Appellants are not entitled to a declaration regarding rolled up hourly rates under Regulation 30(5); only an order for payment is available.

Court Disposition

appeal stayed pending payment; appeal dismissed upon payment

Orders

  • Respondent to pay Ms Mitchell £504.31, Ms Lynn £78.25, and Mr Nagulendran £799.94 within 14 days; if payment is not made, stay will be lifted and appeal re-listed for hearing