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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Bridge v London General Transport Services Ltd [2002] UKEAT 0970_02_0912 (9 December 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/0970_02_0912.html Cite as: [2002] UKEAT 970_2_912, [2002] UKEAT 0970_02_0912 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE ELIAS
MISS C HOLROYD
MR H SINGH
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR RITCHIE (Of Counsel) Appearing under the Employment Law Appeal Advice Scheme |
MR JUSTICE ELIAS
"It is clear in view of our findings that Mr Bridge knew of the three month time limit but nevertheless he persisted in bringing in this case. The Respondents further point out to us that he has been an Applicant in six other cases brought before this Tribunal and in respect of all of those which have been heard he has lost his case. Furthermore, in respect of a case which went to the Court of Appeal he has already had costs ordered against him. He therefore, they say, well knows that costs are an issue in Tribunals as well as they are in the Courts.
We think the Respondents are right. Mr Bridge is a member of the union which is well used to litigation. We note that his Originating Application came to us faxed from his union and that therefore he must have known first of all that the case itself was to say the least weak and secondly, that it had been presented out of time. The Respondents sent a letter a week before the hearing pointing out that should he lose his case costs would be applied for was yet a further warning to him and still he persisted. In those circumstances we think that this claim is misconceived and more than that that in pursuing it to this hearing he has acted unreasonably."
"Unless absent, staff will be paid a days holiday pay for any Bank Holiday worked or rest day or annual holiday day falling on a Bank Holiday. This applies also to staff who are certified sick on a Bank Holiday covered by a Medical Certificate."
So that indicates that there will be double pay indeed for staff who are working. The Tribunal held that the phrase 'unless absent' meant that if the employee was absent without justification then he would not be entitled to be paid.
"The Respondent did not run two person operated buses on a Bank Holiday until Easter 2002. It was for this reason that the Applicant was never previously required to work on a Bank Holiday, and neither were any other members of TPO crews. I am unable to accept Mr Neckles' submission that this practice became a term of the Applicant's contract of employment. In my view this was an operational practice only. It did not create any contractual entitlement for the Applicant. The Respondent at all times remained entitled to require him to work on a Bank Holiday and they exercised that right in relation to the Bank Holidays in issue."