EAT Practice and Procedure – Bias, misconduct and procedural irregularity. The Employment Tribunal made an important factual finding as to the process by which the employees were dismissed, the finding being on a matter which was not put to the employer during the hearing and on which they had no opportunity to lead evidence. Did those circumstances entitle the employer to have the employees’ unfair dismissal applications remitted to the employment tribunal for re-hearing?
EAT Practice and Procedure – Bias, misconduct and procedural irregularity.
Judges:
The Honourable Mr Justice Rimer
Citations:
[2005] UKEAT 0011 – 05 – 0308, UKEAT/0011/05
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 July 2022; Ref: scu.229265