Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not expressly mentioning some point or breach has overlooked it.’ It should not examine the tribunal decision with a ‘fine-tooth comb’.
Lord Denning MR said: ‘So reading between the lines, it seems to me that, although not explicitly stated in the Reasons, this Tribunal very probably did have all the considerations in mind which it is not suggested they may not have had.’
Judges:
Lord Russell of Killowen, Lord Denning MR, Eveleigh LJ
Citations:
[1978] 1 WLR 763, [1978] ICR 437
Jurisdiction:
England and Wales
Cited by:
Cited – Bryant v Housing Corporation CA 21-May-1998
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather . .
Cited – Greenwood v Whiteghyll Plastics Ltd EAT 6-Aug-2007
EAT Reason for dismissal including substantial other reasonable adjustments
Reasonableness of dismissal
Claimant dismissed because major customer of Respondent stated that claimant was banned from its . .
Cited – Slee v Secretary of State for Justice (1) Admn 19-Nov-2007
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on . .
Cited – Barclays Bank Plc v Mitchell EAT 11-Feb-2014
EAT Victimisation Discrimination : Whistleblowing – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke – Employment Tribunal failed to explain sufficiently their reasoning on the causation issue . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 October 2022; Ref: scu.186771