The appellant had failed in an application for a redundancy payment, after his employer’s business closed after investigation for criminal activities. Upon learning of the investigation the appellant had resigned. The ET had said he might have succeeded in a claim for constructive dismissal, but rejected the redundancy claim.
Held: In his papers the appellant had conceded that he had not been made redundant. Once made, such a concession could not be withdrawn, and the appeal must fail.
EAT Procedural Issues – Employment Appeal Tribunal
His Honour Judge Peter Clark
Employment Rights Act 1996 139(1)
England and Wales
Cited – Jones v Governing Body of Burdett Coutts School CA 2-Apr-1998
The Employment Appeal Tribunal must give reasons for its decision, if it chooses to allow the amendment of appeal the papers in order to hear a point of law which had been conceded in the industrial tribunal. Citing Liverpool Corporation v Wilson, . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 September 2021; Ref: scu.168362