EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke – The question for the Employment Judge to decide was whether, for the purpose of a bonus scheme, the Claimant had a live written or final warning at the date the relevant payment was due. The case turned on whether there was a disciplinary meeting (as opposed to just a performance review meeting) on 4 April 2012 leading to the confirmation of a final written warning on 26 April 2012. On this subject there was a conflict of evidence between the Claimant and the Respondent’s Mr Bishop. The Employment Judge decided this issue in the Claimant’s favour, but he did not make any clear findings of fact, and gave no sufficient or clear reasons for the decision reached. The terms of the letter dated 26 April 2012 were not decisive of the question he had to answer, and he had not explained why it was not necessary to resort to the burden of proof rather than make findings on the evidence.
David Richardson HHJ
[2014] UKEAT 0457 – 13 – 0605
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536386