Appeal No. EAT/1030/00

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 5 October 2000

Before
HIS HONOUR JUDGE J R REID QC 
MR B V FITZGERALD
MR G H WRIGHT MBE

BOLD TRANSMISSION PARTS LTD	APPELLANT

MR D TAREE	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

	APPEARANCES

For the Appellant	MR L LOW
(Managing Director)
Bold Transmission Parts Ltd
Webber Road
Kirkby Industrial Estate
Liverpool L33 7SW

JUDGE REID QC

1	This is a preliminary hearing, ex parte, in an appeal by Bold Transmission Parts Ltd against a decision of the Employment Tribunal held on 28 June 2000 in Liverpool, whereby it awarded holiday pay to Mr Taree who was the Applicant before that Tribunal.  

2	Mr Taree had unhappily been injured at work, and had in fact, not been at work since August 1997.  In those circumstances, Bold Transmission took the view that he was not entitled to any holiday pay.  

3	The simple question, and it is simple to pose, though not to answer, is whether in the circumstances, Mr Taree was entitled to holiday pay.  The Employment Tribunal held that he was; in doing so, they differed in law from another Employment Tribunal.  The Chairman of the Tribunal in this case indicated that the case was not an easy one, and in effect invited the Respondent before the Tribunal, that is, Bold Transmission, to appeal, which they have done. 

4	In our judgment, the point is one of importance: it is a point on which there are now conflicting decisions of two Employment Tribunals, and the sooner a comparatively authoritative decision is given, the better.  In those circumstances, we propose to order that the matter should go ahead to a full hearing.