The employee claimed unfair dismissal. On the tribunal indicating support, the employers asked for the period after which he could fairly have been dismissed so that that could calculate how much might be due. The tribunal indicated orally six months, but later gave judgment for a longer period.
Held: The tribunal had exceeded its jurisdiction in seeking to correct its oral judgment in this way. Evidence had been called upon which the decision was based that the cut-off point was six months after the date of dismissal; and there had been submissions from both sides; so neither party was taken by surprise, and the decision was reached after evidence called, and asked after submissions.
Judges:
Garland J
Citations:
[1989] IRLR 288, [1989] ICR 241
Statutes:
Industrial Tribunals (Rules of Procedure) regulations 1985 (SI 1985 No 16) Sch 1 9
Jurisdiction:
England and Wales
Cited by:
Cited – RSPCA (Derby) v Rollinson EAT 11-Sep-1991
. .
mentioned – Pickrose Co Ltd (T/A Long Airdox (Cardox) Ltd) v Jones and others EAT 8-May-1992
. .
Cited – Trago Mills (Falmouth) Ltd v Roberts EAT 30-Nov-1994
. .
Mentioned – Trollope and Colls Construction Ltd v Sharp EAT 22-Jun-1994
. .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 05 May 2022; Ref: scu.278668
