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Bonkay-Kamara v Apcoa Parking UK Ltd - Tribunal should not 'about face' without reason [2013] EAT

Decision to have a Pre-Hearing Review without any change of circumstances since decision not to was not consistent with case law

Mr Bonkay‑Kamara made his claim for unpaid wages whilst still employed by Apcoa Parking UK Ltd. He claimed that the wages were due to him under sections 13 and 27 of the Employment Rights Act 1996 for acting up to cover a more senior employee. He also made a claim that his hours had exceeded maximum working time and an expenses claim.

The Employment Tribunal initially gave directions for a full hearing and dismissed a subsequent application for a pre-hearing review. It then changed its mind and made directions for a pre-hearing review even though circumstances had not changed.

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