The court asked under what circumstances an appellate court could interfere with the decision of a lower court in employment cases: ‘What matters is whether the decision under appeal was a permissible option. To answer that question in the negative in the context of employment law, the appeal tribunal will almost always have to be able to identify a finding of fact which was unsupported by any evidence or a clear self-misdirection in law by the industrial tribunal. If it cannot do this, it should re-examine with the greatest care its preliminary conclusion that the decision under appeal was not a permissible option and has to be characterised as ‘perverse’.’
Judges:
Lord Donaldson of Lymington MR
Citations:
[1992] ICR 85
Jurisdiction:
England and Wales
Cited by:
Cited – Reuters Ltd v H Williams EAT 15-Nov-2001
The respondent company appealed a finding of sex discrimination by a staff member engaging in sexual harassment. A young female worker complained that her manager had persisted in making advances to her. It was said that the Tribunal had failed to . .
Cited – Cheapside (SSL) Ltd (Formerly Schroder Securities Ltd) v Bower EAT 19-Mar-2002
An appeal was pending against a decision following a substantial claim for unfair dismissal and sex discrimination. The respondent company sought the chairman’s notes of evidence. The only acceptable grounds for such an order would be an allegation . .
Cited – Warner v Adnet Limited CA 26-Feb-1998
A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the . .
Cited – Symonds (T/A Symonds Solicitors) v Redmond-Ord EAT 10-Jun-2011
EAT UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Perversity
Finding of fact contrary to agreed evidence leading to Employment Tribunal preferring Claimant’s evidence to that of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 March 2022; Ref: scu.182853