An unsuccessful Applicant sought leave to argue a jurisdictional point which he had not raised at the hearing before the Industrial Tribunal.
Held: Talbot J allowed the point to be raised saying: ‘For instance, if an Industrial Tribunal had accepted jurisdiction and made a finding in favour of an employee when quite plainly that Industrial Tribunal had no such jurisdiction to do so, what they did would have been a nullity and this Appeal Tribunal ought to say so. It seems to us that it is impossible to put the contrary in any different light. If an Industrial Tribunal has accepted jurisdiction when it had no jurisdiction to do so, and it that emerges at the hearing of an Appeal, then it is for the Appeal Tribunal to rule upon it accordingly. Though, therefore, this is a new point presented to us, and though this is in a way a departure from what is a settled practice, we think that it involves a matter of jurisdiction and that we ought to consider it.’
Judges:
Talbot J
Citations:
[1980] ICR 795
Jurisdiction:
England and Wales
Cited by:
Distinguished – Russell v Elmdon Freight Terminal Limited EAT 1989
The claimant faced a finding that the Industrial Tribunal did not have jurisdiction. He sought leave to appeal to establish by another route under Schedule 13, the necessary continuity of employment under Section 64(1)(a).
Held: Continuity of . .
Cited – Leicester University Students Union v Mahomed EAT 6-Dec-1994
The Union appealed a finding of unfair dismissal and discrimination. It denied that she had sufficient continuous service, saying that the peirod suggested involved working for two employers. It also said that since the objection went as to . .
Cited – Barber v Thames Television plc EAT 1991
The EAT has a power exceptionally, to receive an argument which had not been put to tribunal. Knox J said: ‘We do not accept the proposition that any and every contention by a party to an appeal that that party by calling further evidence can show . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 07 May 2022; Ref: scu.270357