EAT Practice and Procedure:
Case Management
Bias, misconduct and procedural irregularity
Perversity
The Employment Tribunal prevented the Claimant’s counsel from asking questions concerning the fairness of the appeal procedure and asking an employee his view of the Respondent’s equal opportunities policy. No complaint has been made about the appeal procedures by the Claimant in his witness statement, in the skeleton argument or had been defined as an issue in the case. The EAT dismissed the appeal – the matter was within the discretion of the Employment Tribunal. Further the wider issue as to an individual employee’s perception of the equal opportunities would have entitled the Respondent to have adduced wide ranging evidence concerning its general equal opportunities policy which would have raised so many collateral issues that it would have been disproportionate to the issues raised in the particular case.
Judges:
Pugsley J
Citations:
[2007] UKEAT 0195 – 07 – 1608
Links:
Citing:
Cited – Digby v East Cambridgeshire District Council EAT 30-Nov-2006
EAT Unfair dismissal – Reasonableness of dismissal
Practice and Procedure – Admissibility of evidence
Total exclusion of evidence relating to final written warning inextricably linked with sanction of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 July 2022; Ref: scu.266638