The employment tribunal, in delivering its judgment had cited a decision which was not among those referred to by the parties, but it did not give an opportunity to them to comment on it before delivering its decision.
Held: Such an ommission was a defect in procedure, and potentially a serious one. However in this case, it was not shown that the case referred to had had any significant impact on the decision, and therefore the original decision stood. The right to a fair hearing requires notice of all material matters of fact and law to be given to the parties. A mere procedural failure will not normally allow a review. Each such case must stand on its own facts.
Lord Justice Ward, Lord Justice Buxton And Lord Justice Mance
 EWCA Civ 1046, Times 05-Sep-2003, Gazette 02-Oct-2003,  4 All ER 1181,  IRLR 885,  ICR 1449
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2001 Sch1-13(1)
England and Wales
Applied – Albion Hotel (Freshwater) Ltd v M Maia E Silva, L A Maia E Silva EAT 15-Nov-2001
EAT Unfair Dismissal – Reason for Dismissal
A hotel had failed to pay a bonus to certain staff. This had been found to be an unlawful deduction from wages, and therefore an infringement of a protected right, . .
Cited – Lindsay v Ironsides Ray and Vials EAT 27-Jan-1994
The industrial tribunal had refused the applicant an extension of time.
Held: The Tribunal mistook the law in holding that it could grant a review of its decision because the employee’s case had not been properly argued at the preliminary . .
Cited – General Council of British Shipping v Deria and Others 1985
Where an Industrial Tribunal’s decision could not be reviewed because under the rules, the new evidence had been available, a review based on the new evidence should only be granted where there existed some mitigation causing the failure to bring . .
See Also – Stanley Cole (Wainfleet) Ltd v Sheridan EAT 13-Nov-2001
Appeal from – Stanley (Wainfleet ) Ltd v J F Sheridan EAT 18-Jul-2002
EAT Procedural Issues – Employment Tribunal . .
These lists may be incomplete.
Updated: 10 January 2021; Ref: scu.185306