In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, ‘sent’ referred to the date appearing on the ET ‘decision’.Morison P said: ‘Industrial Tribunal chairmen are required to produce reasons. When reduced to writing, it is the responsibility of the clerk to transmit those reasons to … Continue reading Mock v Inland Revenue: EAT 1 Mar 1999

EAT Practice and Procedure : Transfer/Hearing Together – Time for appealing Appeal from Registrar: the time limited by rule 3(3) of the Employment Appeal Tribunal Rules 1993 (‘the EAT Rules’) for serving the documents necessary for the proper institution of an appeal, as provided for by rule 3(3)(1)(a)-(c) of the EAT Rules, started to run … Continue reading Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015

EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005

Practice and Procedure – There is no reasonable prospect of success in an appeal against refusal to exercise discretion to extend time for an appeal under Rule 21 (1) and 37 (1) when it is common ground that UAE and Aziz principles apply and no explanation was given for solicitors’ failure, a fortiori in an … Continue reading Khan v Royal Mail Group Plc: EAT 30 Sep 2004

The claimant had been ordered to pay a deposit as a condition of being allowed to proceed with the claim which the tribunal had judged to have no reasonable prospect of success. The claim was struck out after the tribunal had been wrongly told that the deposits had not been paid. The strike out was … Continue reading Immigration Advisory Services v Oommen: EAT 19 Mar 1997

EAT Procedural Issues – Employment Appeal Tribunal. Citations: [2003] EAT 1281 – 02 – 2502, [2003] UKEAT 1281 – 02 – 2502, PA/1281/02 Links: Bailii, Bailii, EATn Citing: Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, … Continue reading Kanapathiar v London Borough of Harrow: EAT 25 Feb 2003

EAT Practice and Procedure – Time for appealing Judges: The Honourable Mr Justice Burton (P) Citations: PA/207/03, [2003] EAT 0207 – 03 – 2506, [2003] UKEAT 0207 – 03 – 2506, [2004] ICR 55, [2004] IRLR 185 Links: Bailii, Bailii, EATn Citing: Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the … Continue reading Sian v Abbey National Plc: EAT 25 Jun 2003

The employer appealed against a finding of unlawful deduction of wages. Held: The words ‘any . . emolument’ includes overtime pay, which may be isolated from other contractual terms as to pay. An arrangement under which the employer had tried to defeat a claim for unpaid overtime, by redescribing the basic pay rate failed. The … Continue reading Pendragon Plc v Nota: EAT 18 Mar 2002

The rules required a notice to be sent not less than 14 days before a date fixed for a hearing. Held: The word ‘send’ in Rule 5 refers to the date when the notice is received or deemed to have been received under the Interpretation Act. In so concluding, it relied upon section 7 of … Continue reading Derrybaa Ltd v Castro Blanco: EAT 1986

EAT Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Costs Transfer of Undertakings (Protection of Employment) Regulations 2006 – interplay between reg 3(3)(a)(i) ‘organised grouping of employees’ and question of assignment for purposes reg 4 TUPE Service provision change of purpose of reg 3(1)(b) having been conceded, the Employment Judge was required … Continue reading Costain Ltd v Armitage: EAT 2 Jul 2014