EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
The Employment Judge considered EADR reg 15(1)(b) and (2) relating to grievances, but not 15(1)(a) and any reasonable belief by the Claimant that his solicitor’s letter seeking reinstatement was an ongoing procedure to do with his dismissal. Towergate and Eagles v Rugged applied. Even if the Claimant in person, against counsel, did not specifically raise this, it ought to have been considered by the Employment Judge in light of the ET1. Exceptionally this new point would be allowed on appeal. Remitted to the same Employment Judge to determine it.
Judges:
McMullen QC J
Citations:
[2010] UKEAT 0160 – 10 – 0908
Links:
Employment
Updated: 25 August 2022; Ref: scu.425015