Payne Precision Engineering Co v Stevens [1993] UKEAT 88_93_0410 (4 October 1993)

Payne Precision Engineering Co v Stevens [1993] UKEAT 88_93_0410 (4 October 1993)

The Industrial Tribunal was correct in awarding holiday pay despite the employee's failure to give notice, as breach of notice does not void other contractual entitlements, and any loss from breach can be pursued separately in civil courts. The tribunal's assessment of witness credibility is a factual matter outside the appellate tribunal's jurisdiction, and the chairman's comments did not amount to bias.

Citation
[1993] UKEAT 88_93_0410
Parties
Appellant: Payne Precision Engineering Company; Respondent: Mr Stevens
Jurisdiction
United Kingdom
Judgment Date
04 October 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Holiday Pay, Breach of Contract, Tribunal Jurisdiction, Bias, Witness Credibility
Employment Law Holiday Pay Breach of Contract Tribunal Jurisdiction Bias Witness Credibility

Case Brief

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Parties

Payne Precision Engineering Company

Appellant

Mr Stevens

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether breach of contract by employee precludes enforcement of other contractual rights
  2. 2 Whether tribunal erred in preferring one witness's evidence over another
  3. 3 Whether chairman's comments constituted bias

Ratio Decidendi

The Industrial Tribunal was correct in awarding holiday pay despite the employee's failure to give notice, as breach of notice does not void other contractual entitlements, and any loss from breach can be pursued separately in civil courts. The tribunal's assessment of witness credibility is a factual matter outside the appellate tribunal's jurisdiction, and the chairman's comments did not amount to bias.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Industrial Tribunal decision stands.