The tribunal had declined a submission of no case to answer.
Philips J said: ‘It seems to us that that the [decision] was a very proper course to have adopted, and we recommend it as being the course which is in most circumstances the right course to adopt. It further seems to us that, while the burden of proof lies upon the applicant, it would only be in exceptional or frivolous cases that it would be right for the Industrial Tribunal to find at the end of the applicant’s case that there was no case to answer and that it was not necessary to hear what the respondent had to say about it.’
Judges:
Philips J
Citations:
[1977] ICR 885
Jurisdiction:
England and Wales
Cited by:
Cited – Logan v Commissioners of Customs and Excise CA 23-Jul-2003
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal.
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 April 2022; Ref: scu.185972