EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
The ET3 raised out of time issues; the Respondent did not attend the hearing; and the Tribunal did not consider those issues at all. They went to jurisdiction and had to be considered. Further, although the Respondent did not attend and there were reasons why the Tribunal would want to keep its reasons short, the reasons did not set out what acts of the Respondent amounted to a fundamental breach of contract so as to justify the Claimant in treating herself as constructively dismissed or what acts were found to have constituted discrimination or harassment sufficiently to enable the parties to know why they had won or lost and were not Meek-compliant.
Hence remission for rehearing.
Jeffrey Burke QC J
[2013] UKEAT 0091 – 13 – 1610
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518534