The Sash Window Workshop Ltd & Anor v King (Contract of Employment : Sick pay and holiday pay) [2014] UKEAT 0057_14_0112 (01 December 2014)
The Tribunal erred by assuming the Claimant was unable to take paid leave without making necessary factual findings, and by failing to properly assess the injury to feelings award, including the mandatory 10% uplift. Both issues must be remitted for reconsideration.
- Citation
- [2014] UKEAT 0057_14_0112
- Parties
- Claimant: Mr King; Respondent: The Sash Window Workshop Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 December 2014
- Procedural Posture
- Employment Appeal / Appeal and Cross Appeal
- Outcome
- Appeal and Cross-Appeal allowed; decision remitted.
- Legal Topics
- Holiday Pay, Sick Pay, Age Discrimination, Injury to Feelings, Unlawful Deductions From Wages
Case Brief
Summary, issues, holding and outcome
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Parties
Mr King
Claimant
The Sash Window Workshop Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal and Cross Appeal
Legal Issues
- 1 Entitlement to payment for untaken holiday pay over multiple years
- 2 Proper assessment of injury to feelings award for age discriminatory dismissal
Ratio Decidendi
The Tribunal erred by assuming the Claimant was unable to take paid leave without making necessary factual findings, and by failing to properly assess the injury to feelings award, including the mandatory 10% uplift. Both issues must be remitted for reconsideration.
Court Disposition
Appeal and Cross-Appeal allowed; decision remitted.
Orders
- Remit entitlement to Holiday Pay 3 to Employment Tribunal for reconsideration.
- Remit injury to feelings award for reconsideration in accordance with correct legal principles.
Full Case Text
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