Martineau and Others v Ministry of Justice: EAT 17 Jun 2015

EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PART TIME WORKERS
Jurisdiction – Employment Appeal Tribunal – Appeals by persons not party to the proceedings before the Employment Tribunal
Part time workers – discrimination
The appeal concerned claims by fee-paid immigration Judges that they were treated less favourably than salaried Judges as fee-paid Judges were paid one and sixth-sevenths of a day for hearing a day’s list of cases and the subsequent writing up of judgments whereas salaried Judges received two full day’s salary. A lead case was specified and the Appellants’ cases were stayed. The Employment Tribunal ruled that the lead Claimant had not established that there was less favourable treatment. The lead Claimant decided not to appeal. The decision in the lead case was binding on the Appellants. They sought to appeal the decision in the lead case. The Employment Appeal Tribunal held that it had jurisdiction under section 21 of the Employment Tribunals Act 1996 to hear an appeal on a question of law brought by persons who were not parties to the proceedings in the Employment Tribunal and it was appropriate to exercise that jurisdiction in the circumstances of the present appeal.

Lewis J
[2015] UKEAT 0272 – 14 – 1706
Employment Tribunals Act 1996 21
England and Wales

Employment, Legal Professions

Updated: 01 January 2022; Ref: scu.549118