In Briggs & Others v Nottingham University Hospitals NHS Trust, the EAT considered an unusual decision of an Employment Tribunal. The decision was unusual because it was a majority decision (the Employment Judge dissented) meaning the two wing members took a different view to the Employment Judge and effectively overruled him.

The case concerned the construction of a pay agreement made under the NHS Agenda for Change and goes to show that two people can interpret the same words in a different way and there is always litigation risk in Tribunal proceedings. The Tribunal is an industrial jury and the same facts could result in a different decision if heard before two different panels.