Yorkshire Window Co Ltd v Parkes - Appeal should include all tribunal judgements if they were given in separate "tranches"  EAT
Ostensibly this was a case about holiday pay and the definition of ‘worker’ under the Working Time Regulations 1998. However, an interesting point arose when the EAT ruled that the appeal was not properly constituted because, where the judgment had been given in two "tranches", copies of both judgments had not been included with the appeal. Although this appeal was allowed to proceed, the EAT made very clear that this would not be the norm in such cases.
Mr Parkes was a self-employed window salesman with Yorkshire Window Company Ltd (“Yorks Windows”). He lodged various claims with Sheffield Employment Tribunal (“ET”). On 19 June 2009 a PHR determined that Mr Parkes was not an ‘employee’ (under Employment Act 2002 s.32) but was a ‘worker’ (under Working Time Regulations 1998 (“WTR”) Reg.2). This limited his claim somewhat. A second hearing was scheduled to receive written submissions on whether he was carrying on a trade or business undertaking. Judgment for the second hearing was given on 18 August 2009. However, no judgment or transcript was produced for the first (19 June 2009) hearing.