EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke – The central question was why C’s manager decided to refuse his request (made in August) for holiday in early December. He said he believed it to be company policy that no holiday should be taken this month. A written policy permitting holidays until 15th December had been signed for by him just before the start of August. The ET did not reconcile this with the manager’s expressed belief, though possibly suggested that it was because the manager had worked until recently in a different part of the business where such holidays were not permitted; it also found that the policy re taking holiday in December had changed (probably in October, though this was unclear), and by implication the manager would not have known of the change at the time of his decision. The evidence to support a relevant change in October was unclear, and the ET might have been in error in supposing that the date of the introduction of the policy for which the Manager had signed receipt in July, whereas the employer’s documents showed it to have been November the year before. Held that the reasoning on a crucial issue was insufficiently clear, and it was remitted back to the same ET for reconsideration.
Langstaff P J
[2014] UKEAT 0028 – 14 – 1706
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536378