Split Tribunal Decision

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 […]

By |2019-12-30T10:07:02+00:00June 11th, 2009|Equal Pay, Tribunal Judgments|0 Comments

Name and shame

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 […]

By |2019-12-30T10:35:37+00:00April 3rd, 2009|Tribunal Judgments|0 Comments

Default Judgments

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 […]

By |2019-12-30T10:38:10+00:00February 25th, 2009|Tribunal Judgments|0 Comments

Tribunal Procedure

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 […]

By |2019-12-30T10:38:28+00:00February 13th, 2009|Tribunal Judgments, Tribunal Procedures|0 Comments

Get the spelling right!

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. […]

Tribunal not to Substitute their Decision for that of the Objective Reasonable Employer

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 […]