Duhoe v Support Services Group Ltd (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2015] UKEAT 0102_15_1308 (13 August 2015)

Duhoe v Support Services Group Ltd (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2015] UKEAT 0102_15_1308 (13 August 2015)

The Employment Judge failed to provide adequate reasons for refusing an uplift under section 207A in relation to holiday pay and failed to determine the outstanding application for costs, both of which are errors of law requiring remission.

Citation
[2015] UKEAT 0102_15_1308
Parties
Appellant/claimant: Mrs Gloria Duhoe; Respondent: Support Services Group Ltd
Jurisdiction
United Kingdom
Judgment Date
13 August 2015
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed in part; matters remitted to Employment Tribunal for reconsideration.
Legal Topics
Unfair Dismissal, Holiday Pay, Written Reasons for Dismissal, ACAS Code of Practice, Costs Orders, Preparation Time Orders
Employment Law Unfair Dismissal Holiday Pay Written Reasons for Dismissal ACAS Code of Practice Costs Orders Preparation Time Orders

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Parties

Mrs Gloria Duhoe

Appellant/claimant

Support Services Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Judge gave Meek-compliant reasons for refusing an uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the Employment Judge erred in law by failing to decide the application for costs

Ratio Decidendi

The Employment Judge failed to provide adequate reasons for refusing an uplift under section 207A in relation to holiday pay and failed to determine the outstanding application for costs, both of which are errors of law requiring remission.

Court Disposition

Appeal allowed in part; matters remitted to Employment Tribunal for reconsideration.

Orders

  • Remit the question of uplift under section 207A in relation to holiday pay to the Employment Tribunal for reconsideration.
  • Remit the outstanding application for costs to the Employment Tribunal for determination.