Slynn J said: ‘We do not think there is a rigid rule of the kind which Mr Brooke first contended for [viz, that a submission of no case should never be allowed except perhaps if there was an error of law]. It is clear that in many cases it is of great importance to hear both sides. We think that would be the normal position. This tribunal has already said in cases alleging race or sex discrimination that it is right normally to hear both sides. It has been said also that where constructive dismissal is alleged, in the ordinary case it is important to call upon both sides to give evidence . . But as we understand it, this tribunal has never said that the Industrial Tribunal cannot stop a hearing at the end of the case of the party whose evidence and submissions come first. It is clearly a power which must be exercised with caution but if the tribunal is satisfied that the party upon whom the onus lies and who goes first has clearly failed either in law or fact to establish what he set out to establish, then it seems to us that the tribunal is entitled to decide the case at that stage.’
Judges:
Slynn J
Citations:
[1979] IRLR 390, [1979] ICR 607
Jurisdiction:
England and Wales
Cited by:
Cited – Logan v Commissioners of Customs and Excise CA 23-Jul-2003
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal.
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 April 2022; Ref: scu.185970
