Southern Cross Healthcare Co Ltd v Perkins and Others: EAT 21 Apr 2010

Written Particulars
The employment tribunal can reformulate the juridical basis of a complaint so long as the facts upon which the complaint is based remain the same and the other party suffers no prejudice; Chapman v Simon distinguished; Dr P Evans v Parasol Ltd and RSA Consulting Ltd considered.
The employment tribunal does have jurisdiction under section 11 of the Employment Rights Act 1996 to consider the construction of the terms and conditions of a contract of employment. The requirements of section 1 of the Employment Rights Act 1996 in relation to holiday pay include the particulars accurately stating the terms of the contractual agreement.
The employment tribunal had correctly construed the contractual entitlement of the Respondents to holiday pay and the appeal was dismissed.

Hand QC J
[2010] UKEAT 0276 – 09 – 2104
Employment Rights Act 1996 1 11
England and Wales
CitedChapman v Simon CA 1994
The court considered the approach where a party sought to raise on appeal a complaint not made in the case presented to the tribunal.
Held: An Employment Tribunal must decide the issues which are put before it and should not decide issues . .
CitedGlennie v Independent Magazines (UK) Limited CA 17-Jun-1999
A party is under a duty to present his entire case at the first hearing in the Employment Tribunal. Where a claimant’s representative had decided to adopt a particular position in law when making representations to the original industrial tribunal, . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedEvans v Parasol Ltd and Another EAT 23-Jul-2009
Agency relationships
Striking out of agency worker’s claim for outstanding wages inappropriate in the light of the legal . .
CitedRegent Security Services Ltd v Power CA 20-Nov-2007
. .

Lists of cited by and citing cases may be incomplete.


Updated: 11 November 2021; Ref: scu.408656