The Employment Appeal Tribunal must give reasons for its decision, if it chooses to allow the amendment of appeal the papers in order to hear a point of law which had been conceded in the industrial tribunal. Citing Liverpool Corporation v Wilson, ‘if a point of law goes to jurisdiction, that may be a good reason’ and ‘These authorities show that, although the appeal tribunal has a discretion to allow a new point of law to be raised or a conceded point to be re-opened, the discretion should be exercised only in exceptional circumstances, especially if the result would be to open up fresh issues of fact which, because the point was not in issue, were not sufficiently investigated before the industrial tribunal.’
Robert Walker, Morritt, Stuart-Smith LJJ
Times 22-Apr-1998, Gazette 07-May-1998, [1998] IRLR 521, [1998] EWCA Civ 602, [1999] ICR 38
Bailii
Employment Protection (Consolidation) Act 1978 84(1)
England and Wales
Citing:
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Appeal from – Jones v Burdett Coutts School EAT 16-Jan-1997
. .
Cited – Hogg v Dover College EAT 1990
The claimant asserted unfair dismissal after his contract was changed to provide that his post as head of the history department would be part time. He had been ill, and the head teacher reduced his teaching periods. He accepted the change in . .
Cited by:
Cited – Ali v Delmac Accountants EAT 3-Oct-2001
The appellant had failed in an application for a redundancy payment, after his employer’s business closed after investigation for criminal activities. Upon learning of the investigation the appellant had resigned. The ET had said he might have . .
Cited – The Governing Body of Old Leake Primary and Nursery School v J R Kirk EAT 18-Apr-2002
EAT Procedural Issues – Employment Appeal Tribunal
An appeal had been lodged against an IT finding. Counsel had filed a holding response, anticipating an opportunity to amend and amplify the response at an . .
Remitted from – Jones v Governing Body of Burdett Coutts School EAT 30-Sep-1998
EAT The Employment Appeal Tribunal refused to allow on appeal an employee’s more senior legal representative to re-open a point of law wrongly conceded at the Industrial Tribunal because of the need to achieve . .
Cited – Aziz v Republic of Yemen CA 17-Jun-2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity.
Held: Section 2(7) of . .
Cited – Unison v Leicestershire County Council CA 29-Jun-2006
The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union.
Held: The . .
Cited – Slack and Others v Cumbria County Council and Another CA 3-Apr-2009
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem . .
Cited – Cable Realisations Ltd v GMB Northern EAT 29-Oct-2009
The company appealed against the upholding of the union’s claim that the company was in breach of the regulations. The company was to close its factory and decided at first to begin consultations for redundancy, but then looked for a buyer for the . .
Cited – J v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
Cited – Hughes v The Corps of Commissionaires Management Ltd CA 8-Sep-2011
The employee security guard appealed against a finding that his employer had allowed rest breaks as allowed under the Regulations. He worked a continuous shift during which he was allowed to use a rest area, but he remained on call.
Held: The . .
Cited – Clyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
Lists of cited by and citing cases may be incomplete.
Employment
Leading Case
Updated: 11 November 2021; Ref: scu.144080