Practice and Procedure
The ET refused to direct that there be a preliminary hearing to determine whether a remitted tribunal hearing (due to commence next week) was bound by the factual findings of the original tribunal. The respondent appealed.
Held, allowing the appeal, that the ET had erred in refusing to direct that there be a PH. It is clear that the question of what facts remained binding on the tribunal hearing the remitted matter would have to be determined in advance of that hearing; otherwise the parties would not be able to prepare. In reaching the decision that it did, the ET clearly failed to take into account relevant matters and reached a decision outside the ambit of decisions where reasonable disagreement was possible.
The EAT clarified that the tribunal at the remitted hearing was not bound by any of the factual findings made by the original tribunal in respect of those claims where the appeal was allowed.
Judges:
The Honourable Mr Justice Choudhury (President)
Citations:
[2022] EAT 10
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 August 2022; Ref: scu.679855