Appeal No.	 EAT/350/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 20 May 1999

Before
HIS HONOUR JUDGE PETER CLARK
MR D J JENKINS MBE
MR A E R MANNERS

DUNLOP TYRES LIMITED	APPELLANTS

MR C L BLOWS & OTHERS	RESPONDENTS

Transcript of Proceedings

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellants	MR D BEAN QC
Instructed by
MESSRS ANTHONYCOLLINS
St. Philip's Gate
5 Waterloo Street
Birmingham B2 5PG	

	JUDGE CLARK:	This appeal raises a short point of construction.

	By the terms of a collective agreement, incorporated into the Applicant’s contract of employment, provision was made for overtime pay and holidays.

	It appears that for many years Dunlop made payment for statutory or bank holidays worked out on the basis of what was in effect triple time plus a day off in lieu.  The employer then considered that such payments were not in fact due under the terms of the contract.  Their case was that entitlement was to double time plus a day off in lieu.  When that new payment regime started, the Applicants brought claims for unlawful deductions from wages.

	An Employment Tribunal  sitting at Birmingham upheld their complaints.  Against that decision this appeal is brought.   It seems to us that the appeal raises a pure question of law and is arguable on the basis of the construction of a contractual term advanced on behalf of the employer.  

A subsidiary question arises as to whether or not the Tribunal took into account how the payments were in fact calculated and if they did, whether that was an impermissible approach at law for the purpose of construing an express written term of the contract.

In these circumstances we shall permit the matter to proceed to a full appeal hearing as presently constituted.  The appeal will be listed for ½ a day, Category B.  There will be exchange of Skeleton Arguments between the parties not less than 14 days before the date fixed for the full appeal hearing.  Copies of those Skeleton Arguments to be lodged with this Tribunal at the same time.