EAT Practice and Procedure: Disposal of Appeal Including Remission
Disposal hearing
On the disability discrimination (reasonable adjustments) claim, although the ET had erred in the respects explained in the substantive Judgment on this appeal (handed down 22 April 2015), the findings of fact were such that only one outcome was possible; the ET’s Judgment dismissing this claim would therefore be upheld (applying Jafri v Lincoln College [2014] IRLR 544 CA).
As for the unfair dismissal claim, the parties were agreed that this matter would have to be remitted; the issue was whether it should be to the same or a different ET. Applying the guidance laid down in Sinclair Roche and Temperley v Heard and anor [2014] IRLR 763 it was clear that it was most appropriate for this matter to be remitted to the same ET to the extent that this was still practicable. Although some time would have passed before the rehearing, the ET might reasonably be expected to recall this matter and its reasoning on those aspects of its Judgment that had not been criticised on appeal. It was likely that this would mean that the remitted hearing could thus be the shorter and that would save costs. Taking into account the significance of the case – particularly for the Claimant’s side – that was a proportionate approach. There was no suggestion of bias or partiality or that the ET would not approach its task in an entirely fair-minded and professional manner. The original decision had not been wholly flawed. Justice would be best served by the remaining issue on the unfair dismissal claim being the subject of reconsideration by the same ET.
Eady QC HHJ
[2015] UKEAT 0315 – 14 – 0209
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.553151