Practice and Procedure – Case Management
The Appellant (‘A’) appealed against a decision of the Employment Tribunal (‘the ET’) about the correct interpretation of a list of issues for a Full Hearing. A contended that the ET had wrongly interpreted the list of issues, and, as a result, had wrongly refused to hear some of her claims at the Full Hearing.
The factual basis of the claims which the ET decided not hear was the same as the factual basis of some of the claims which it did hear. It dismissed all A’s claims after the Full Hearing. She did not appeal against the decision of the ET after the Full Hearing.
The Employment Appeal Tribunal (‘the EAT’) held that the ET had erred in law in wrongly interpreting the list of issues, and that, on its proper interpretation, it included claims which the ET had refused to hear. The EAT held that the error of law was immaterial and dismissed the appeal.
A applied for a review of the EAT’s decision. The EAT allowed the application, holding that it should have allowed the appeal, rather than dismissing it. It declined to remit the case to the ET, however, on the ground that the error of law was immaterial.
Citations:
[2019] UKEAT 0268 – 14 – 1206
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 September 2022; Ref: scu.643076