Engel v Ministry of Justice and Department for Communities and Local Government: EAT 26 May 2016

EAT (Part Time Workers) PRACTICE AND PROCEDURE – Parties – PRACTICE AND PROCEDURE – Costs
Whether a non-lead Claimant ought not to be bound by an earlier Employment Tribunal decision; see ET Rule 36(3). True construction of Regulation 5(2)(a) of the Part-Time Workers Regulations 2000, allowed to proceed to a Full Hearing of the appeals on those points only.
Proper construction of transitional provisions of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013. Reference to ‘appeal’ in the meaning of ‘claim’ is paragraph 2 means an appeal to the ET; not an appeal from the ET to the EAT. Thus, the fact that a claim form was presented before the Fees Order came into force does not exempt the Appellant from paying EAT fees on appeals to the EAT which post-date the relevant date (29 July 2013).

Peter Clark HHJ
[2016] UKEAT 0487 – 15 – 2605
Bailii
Part-Time Workers Regulations 2000
England and Wales

Employment

Updated: 17 January 2022; Ref: scu.565125