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 of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA Civ 1240; [2007] IRLR 63 applied. Where issues arise as to whether there has been substantial compliance the approach in Meek v City of Birmingham District Council [1987] IRLR 250 will need to be kept in mind. In so far as Short v Hayman UKEAT/0379/08/CEA can be read as suggesting that a decision may not be erroneous despite non-compliance with the Rule, it would not be followed. Here the judgment did not comply and the case was remitted for a rehearing.
UNFAIR DISMISSAL – Compensation/ Section 98A(2)
Section 98A(2) of the Employment Rights Act 1996 has no application when there has been a breach of ‘Statutory Procedures’. Appeal allowed and the case remitted for a rehearing.
Judges:
Richard Hand QC J
Citations:
[2011] UKEAT 0409 – 09 – 1802
Links:
Employment
Updated: 03 September 2022; Ref: scu.430304