EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
Although this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240, [2007] IRLR 63, Greenwood v NWF Retail Ltd UKEAT/0409/09 and Jones v The City and County of Swansea UKEAT/0090/10 considered and applied; Short v Hayman UKEAT/0379/08/CEA not followed.
Rule 30(6) is a rule concerned with the reasoning as to relevant material (i.e. issues and evidence) and the failure to deal with all points raised will not necessarily amount to a breach of rule 30(6); only relevant points need be dealt with. Where, however, as here, relevant matters requiring findings of fact have not been dealt with, the only course is for that matter to be remitted. Consequently, two discrete allegations were remitted as well as the question as to whether or not there should be a declaration in the Part 1 Claim and an award under section 38 of the Employment Act 2002, which was an issue depending on the findings made in relation to the other matters remitted.
Judges:
Hand QC J
Citations:
[2010] UKEAT 0388 – 09 – 2806
Links:
Statutes:
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 30(6)
Jurisdiction:
England and Wales
Citing:
Cited – Balfour Beatty Power Networks Ltd Interserve Industrial Services Ltd v C Wilcox and 6 others A Seymour and 18 others I M Realisation Ltd (In Administration) EAT 2-Nov-2005
EAT Transfer of Undertakings: Consultation and Other Information; Transfer
Practice and Procedure: Appellate Jurisdiction
Nature of ‘undertaking’ for the purposes of TUPE: could there be a stable . .
Cited – Greenwood v NWF Retail Ltd EAT 18-Feb-2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules . .
Cited – Joes v The City and County of Swansea EAT 5-May-2011
EAT UNFAIR DISMISSAL – Compensation
The decisions to apportion compensation, not to award any future loss after April 2008 and to apply an ‘uplift’ of 25% in respect of breach of statutory procedures were . .
Not Followed – Short (Appeal No 2) v P J Hayman and Co Ltd EAT 7-Dec-2009
EAT PRACTICE AND PROCEDURE
Appellate jurisdiction /reasons/Burns-Barke
Perversity
The Employment Tribunal failed to include in its written reasons a number of matters including a concise statement . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 15 September 2022; Ref: scu.441354