PRACTICE AND PROCEDURE – Case management
PRACTICE AND PROCEDURE – Striking-out/dismissal
In a holiday pay claim multiple, there was no error of law in the ET finding that the Claimants had been in material compliance with an Unless Order. The ET had not adopted a global approach to material compliance but had considered each claim individually. The ET had considered, and been entitled to reject, the many detailed points advanced by the Respondents concerning the further information and calculation schedules supplied by the Claimants. The claims in which the Claimants are seeking to recover their ‘normal remuneration’ (as recently comprehensively analysed in Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870) instead of their normal basic pay which had been the basis for the calculation of their holiday pay hitherto, have not therefore been automatically struck out and may proceed to a Full Hearing.
Citations:
[2018] UKEAT 0008 – 18 – 1008
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 April 2022; Ref: scu.630718