EAT Practice and Procedure : Disposal of Appeal Including Remission – A division of the Employment Appeal Tribunal allowed an appeal on the two points an Employment Tribunal had determined in favour of an employee. The ET had also decided three points in favour of the employer, but these decisions were not appealed. The remission ordered by the EAT was for a ‘complete rehearing’ of the matter. An ET regarded this as meaning all 5 points.
Held: on facts of this case, having regard to the need for finality of litigation and the context within which the EAT decision was reached, the remission was for a complete rehearing of ‘the matter’ which was a reference to the matter which had been before the EAT, and not to the wider issues which had been conclusively determined by the first ET.
Judges:
Langstaff P J
Citations:
[2013] UKEAT 0230 – 12 – 2102
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.472840
