Dale Martin successfully defends appeal from Employment Tribunal to Administrative Court

21.02.13 

Dale Martin

Mr Justice Edwards-Stuart has today handed down judgment in Online Engineering Ltd v. Engineering Construction Industry Training Board [2013] EWHC 287 (Admin), a copy of which is available here. The appeal concerned the proper approach to statutory construction and the function and approach of an appellate body hearing an appeal from the employment tribunal. The particular context was the meaning of “site employee” in industrial training levy legislation as applied by the tribunal to a number of industrial sites in the UK. The hearing in the employment tribunal was itself an appeal from the determination of the Board, Dale’s client.

Dale was also successful before Mr Justice Ouseley in defending an earlier appeal to the Administrative Court from the same Appellant ([2010] EWHC 2776 (Admin)).

The appeals themselves concerned well over £500,000 in levy payments. The knock-on consequences for the industry could however prove to be of much greater significance.