The appellant employers challenged the decision of the EAT to reverse the tribunal’s finding that the claimant had been fairly dismissed.
Held: Even in cases where the Appeal Tribunal has ‘grave doubts’ about the decision of the Employment Tribunal, it must proceed with ‘great care’ before finding perversity in its decision. In this case, the decision of the Industrial Tribunal was in fact perverse.
Lord Donaldson of Lymington MR, Ralph Gibson, McCowan LJJ
[1990] IRLR 27, [1989] EWCA Civ 14
Bailii
England and Wales
Citing:
Not to be followed – Watling v William Bird and Son Contractors Limited EAT 1976
EAT Phillips J discussed the availablitity of an appeal against an industrial tribunal decision, and what would amount to perversity as an error of law, saying: ‘There is only an appeal to this court on a point . .
Cited – Neale v Hereford and Worcester County Council CA 1986
May LJ said that the decision of an employer’s disciplinary hearing: ‘neither the EAT nor this Court could disturb their decision unless one could say in effect ‘My goodness, that is certainly wrong’.’ He discussed the test for an apellate court . .
Cited by:
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 – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Matthews and others v Kent and Medway Towns Fire Authority and others CA 2-Jul-2004
Part time retained firefighters claimed discrimination under the Regulations when their conditions of service were compared with those of full-time firefighters. They appealed a finding that they had been employed under different types of contract . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 01 November 2021; Ref: scu.181093