P Clarke & Sons Ltd v Construction Industry Training Board

The unanimous decision of the tribunal is that the appeal should be upheld and that P Clarke and Sons Limited is not liable to pay a levy to the Construction Industry Training Board, in relation to any activity relevant to the hybrid employees which is not carried out in Northern Ireland.

The Appellant was represented by Mr M Reel, Barrister at Law instructed by Morgan McManus Solicitors.

The respondent was represented by Mr J Coyle, Barrister at Law instructed by Babington & Croasdaile Solicitors.

The Tribunal received a bundle of documents from the respondent which included extracts from the relevant legislation and a number of Industrial Tribunal decisions. The Tribunal also heard evidence from the appellant's Financial Director, Deirdre Somerville.

The Tribunal was assisted by detailed written submissions furnished by both parties. These submissions contain extensive extracts from the relevant legislation and case law. The Tribunal does not intend to reproduce the provisions of the legislation in detail as the submissions from both parties are appended to this decision.