Burns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc), Humphrey: EAT 14 Jan 2004

The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims already remitted.
Held: The EAT adopted the practice in Emery Reimbold. The earlier remission of the case had not disposed of the appeal, but was for the purpose of doing so. Could it now therefore be appealed? The employment appeal tribunal, in a case where an employment tribunal is alleged to have failed in its judgment to deal with an issue at all, or to have given no reasons or no adequate reasons for a decision, may invite the employment tribunal to clarify, supplement or give its written reasons before proceeding to a final determination of the appeal.


The Honourable Mr Justice Burton (P)


UKEAT/873/02/(2), [2004] UKEAT 0873 – 02 – 1401, [2004] ICR 1103, [2004] IRLR 425


Bailii, EATn


England and Wales


See AlsoBurns v Consignia Plc, Humphrey EAT 2-Apr-2003
EAT Practice and Procedure – Amendment . .
CitedDe Keyser Limited v Wilson EAT 20-Mar-2001
The claimant appealed against an order striking out her claim.
Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was . .
CitedTran v Greenwich Vietnam Community Project EAT 5-Apr-2001
The applicant appealed a rejection of his claim for unfair dismissal. He claimed that the management committee of the organisation had both investigated the complaint and adjudicated upon it, and that the organization’s procedures did not allow for . .
CitedMeek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
CitedFlannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
CitedEnglish v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
CitedAdebowale v Peninsula Business Services Ltd EAT 20-Jan-2003
Burton J P said that the CA had ‘expressly encouraged Courts considering whether an appeal should proceed on grounds of alleged failure to make findings, or alleged absence of reasons, to consider referring the case back to the lower Court for . .
CitedPrebon Marshall Yamane (UK) Ltd v Rose EAT 3-Dec-2002
. .
CitedArrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .

Cited by:

CitedBarke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
CitedWoodhouse School v Webster CA 18-Feb-2009
The school appealed against a finding that it had constructively dismissed the claimant. The claimant had refused an order to dismiss a staff member for profound bilateral deafness, saying that that would be unlawful. He had left rather than obey an . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 03 July 2022; Ref: scu.194664