EAT UNFAIR DISMISSAL – Compensation
The decisions to apportion compensation, not to award any future loss after April 2008 and to apply an ‘uplift’ of 25% in respect of breach of statutory procedures were neither irrational, nor without evidential foundation nor based on any misdirection and the appeal would be dismissed.
PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
Although this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240, [2007] IRLR 63 and Greenwood v NWF Retail Ltd UKEAT/0409/09 applied.
Discretion would not be exercised in favour of allowing a new point to be raised by the cross appeal.
Judges:
Hand J
Citations:
[2011] UKEAT 0090 – 10 – 0505
Links:
Statutes:
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
Jurisdiction:
England and Wales
Citing:
Cited – Balfour Beatty Power Networks Ltd Interserve Industrial Services Ltd v C Wilcox and 6 others A Seymour and 18 others I M Realisation Ltd (In Administration) EAT 2-Nov-2005
EAT Transfer of Undertakings: Consultation and Other Information; Transfer
Practice and Procedure: Appellate Jurisdiction
Nature of ‘undertaking’ for the purposes of TUPE: could there be a stable . .
Cited – Greenwood v NWF Retail Ltd EAT 18-Feb-2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules . .
Cited by:
Cited – Sivagnansundarum v Whipps Cross University Hospital NHS Trust EAT 28-Jun-2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
Although this was a ‘narrative’ judgment sufficient substance could be extracted from the decision to demonstrate compliance with rule . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 September 2022; Ref: scu.434911
