Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawCase law

Case watch: postponements; holiday pay; TUPE; appeal

by Personnel Today 8 Feb 2006
by Personnel Today 8 Feb 2006

Under the Employment Tribunal Rules of Procedure, tribunals have a discretion to postpone or adjourn any hearing. In Eastwood v Winckworth Sherwood, the EAT has held that a pre-hearing review should have been adjourned where the respondent had not provided the claimant with sufficient documentation in time for him to properly prepare for the hearing.

In AD Bly Construction Limited v Cochrane the EAT overturned the decision of the tribunal and found that a self-employed construction worker was not entitled to receive holiday pay because he did not satisfy the definition of ‘worker’ under the Working Time Regulations 1998 because there was not sufficient mutuality of obligations between the parties.

The EAT in Balfour Beatty & another v Wilcox & others has held that an outsourcing contract which did not contain any guarantee of the amount or the continuation of work could still be a stable economic entity capable of a TUPE transfer. Also, where the undertaking was reliant on significant plant and equipment, the fact that the plant and equipment was leased and therefore could not transfer did not prevent there being a transfer of the undertaking.

In Piscitelli v Zilli Fish Limited the EAT has decided that a solicitor’s letter before action had not raised an appeal against dismissal under the Dispute Resolution Regulations 2004. The employee did not therefore have reasonable grounds for believing an internal appeal procedure was under way and his claim was therefore out of time.

Since Sharp, the Court of Appeal in Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust has taken a different view but without taking account of relevant EU case law. The law in this area will now remain uncertain until the matter comes again before the Court of Appeal or the House of Lords.

Bess Sturman and Richard Port are associates in the employment group at Addleshaw Goddard


Avatar
Personnel Today

previous post
City sees IT recruitment boom
next post
Transsexuals in the workplace: Crossing the gender divide

You may also like

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

Oxford study highlights best gig economy firms to...

9 Jun 2022

Tesco appeal against fire and rehire ban to...

8 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022

Frewer v Google: How it’s getting harder to...

30 May 2022

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Employers lack data to make IR35 worker status...

25 May 2022

Maternity leave: Cost of living crisis highlights need...

25 May 2022

One in five employers planning ‘no jab no...

19 May 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+