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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Gilbert & Ors v. Barnsley MBC [2001] UKEAT 674_00_1801 (18 January 2001) URL: http://www.bailii.org/uk/cases/UKEAT/2001/674_00_1801.html Cite as: [2001] UKEAT 674__1801, [2001] UKEAT 674_00_1801

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APPEARANCES

 

For the Appellants	MISS D ROSE (of Counsel) UNISON Employment Rights Unit 1 Mabledon Place London WC1H 9AJ


 


JUDGE P COLLINS CBE:

1. This is the preliminary hearing of an appeal against the decision of an Employment Tribunal sitting at Sheffield, extended reasons being promulgated on 19 April 2000. There is only one point which arises. In calculating the basis of the appellants' awards for the purposes of redundancy payment and notice period there were rival contentions.
2. The employers contended that since the employees were paid by 12 equal monthly payments a week's pay should be based on a year of 52 weeks.
3. The employees pointed out that, although the payments were made by 12 payments they were calculated on the basis of a working year inclusive of holidays of 43 or 44 weeks as the case may be, and it was their view that the week's pay should be calculated on the basis of the lesser period which would, of course, give them a larger award.
4. The tribunal decided in favour of the employer. The employees appealed and their Notice of Appeal is dated 26 May. In the respondents' PHD form received by this tribunal on 14 June, they accept that the Notice of Appeal raises a reasonably arguable point of law and we agree.
5. The respondents add that nationally there will be a large number of workers in educational establishments who work during term times only and this is regarded as a point of some considerable public importance.
6. Accordingly, we shall order that this case proceed to a full hearing. We shall direct that it is listed in Category B with a time estimate of half a day, skeleton arguments to be exchanged between the parties 14 days before the hearing.