“…o decisions of the EAT on the meaning of the phrase “refused to permit” in regulation 30 of the WTR – Miles v Linkage Community Trust Ltd [2008] UKEAT 0618/07, [2008] IRLR 602, and Grange v Abellio London Ltd [2016] UKEAT 0130/16, [2017] ICR 287 – and if that had remained the case there might have been some advantage in our deciding …”
“… not been the subject of any previous decision of this Court. However, the issue has been considered briefly by the EAT. In Miles v Linkage Community Trust Ltd [2008] IRLR 602, in a judgment given by the EAT on 10 March 2008, HHJ McMullen QC, sitting with lay members, said that, in a case brought under the same regulations which are …”