EAT/0966/00 LIST DESIGN GROUP LTD v 1) MRS H DOUGLAS 2) MISS A J STRICKLAND 3) MISS H J FRY 4) MR K M FAULKNER [2000] UKEAT 966_00_1610

EMPLOYMENT APPEAL TRIBUNAL
BAILII case number: [2000] UKEAT 966_00_1610Case No Appeal No. EAT/966/00Venue 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Between
EAT/0966/00 LIST DESIGN GROUP LTDAPPELLANT1) MRS H DOUGLAS 2) MISS A J STRICKLAND 3) MISS H J FRY 4) MR K M FAULKNERRESPONDENTEAT/0481/01 LIST DESIGN GROUP LTDAPPELLANTMR N J CATLEYRESPONDENT
Before
His Honour Judge J R ReidDate 16 October 2000
[1]APPEARANCES For the Appellant THE APPELLANT NOT PRESENT NOR REPRESENTED JUDGE REID QC : This is an ex parte preliminary hearing to determine whether or not these appeals should go to a full hearing. There are in fact four appeals in this matter against decisions of an Employment Tribunal given on a date which does not appear from the face of the document, but which appears to have been sent to the parties on 26th April 2000 by which the then respondent, the current appellant, List Design Group Ltd, was ordered to pay certain sums to a Mrs Douglas, Miss Strickland, Miss Fry and Mr Faulkner in respect of holiday pay. For present purposes the less we say about the merits of this matter the better. There is clearly a real point of law that ought to be argued as to the relationship between Regulation 30 of the Working Time Regulations 1998 and the provisions of ss.13, 23 and 27 of the Employment Rights Act 1996 . Upon the relationship between the Regulations on the one hand and the statute on the other hand depends whether or not applicants below, the respondents in this court, are in time or out of time with their application.[2]We are grateful to Mr Burns of Counsel who has put in a written skeleton argument. He has not attended before us because we indicated to his Chambers that having read the papers and having read his skeleton argument, we took the view that the matter should go to a full hearing.[3]In our view this is a proper case to go to a full hearing and we so direct. The case should be listed for ½ a day, Category B.