It has long been established that any appeal to the Employment Appeal Tribunal has to be either on the basis of an error of law or that the Tribunal’s findings were perverse. The case of Cleveland Police Authority v Mrs S Francis demonstrates the difficulty of basing an appeal on the latter ground. The judgment […]
Under the Employment Tribunal Procedure Rules, the Tribunal has the power (often at the request of the other party and at a pre-hearing review) to strike out a claim on the grounds that it has no reasonable prospects of success. Arguably this is quite a high hurdle to overcome and it can only be used […]
When leaving Tribunal (or after receiving the Judgment in the post in the case of a reserved decision), the parties should know why they have won or lost. This case at the EAT is an example of a decision that did not leave the parties with that information. The decision was not Meek compliant and […]
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 […]
The minister of Justice Bridget Prentice has said that companies that fail to honour awards made in the Tribunal for unfair dismissal and discrimination will be listed on a Register of Judgments. The register will be open to the public and thus in the public eye. It is hoped that the policy of naming and […]
In Potter v Sound Control Modern Music Stores Ltd (in Administration) the EAT have confirmed that if a Respondent fails to present a response within the 28 day time limit, it is open to the Tribunal to enter judgment against the Respondent. Nothing new there. The EAT also overturned the Tribunal’s decision to […]
I was at Tribunal yesterday and an interesting issue arose that I have never had before. We were listed for a full hearing but were told there was a panel member missing. We still had the Judge and one lay member who was the trade union representative. The hearing could proceed provided both parties consented […]
The case of Anthony Chowles t/a Granary Pine v West in the EAT illustrates the importance of correct spelling when completing an ET1 form. The Claimant spelt the Respondent’s name incorrectly and also entered the wrong postcode. The Respondent did not lodge a response and the Tribunal entered a default judgment and awarded the Claimant £18,310. […]
In Jabil Circuit Limited v Richard Flemming, the EAT have upheld the well known principle that a tribunal is not to substitute its decision for that of the employer where the employer’s decision was objectively reasonable (i.e. where the employer’s decision fell within the range of reasonable responses). Just because another employer (or the Tribunal!) might have […]
