The applicant had appealed the dismissal of his case for unfair dismissal. His notice of appeal did not request extended reasons from the tribunal, nor challenged the adequacy of the tribunal’s reasoning. At the EAT he sought to argue that the reasons were inadequate, but he was not allowed to argue the point. The notice of appeal had been drawn and filed by an experienced lay representative.
Held: The section gave no power for the EAT to remit a case to the tribunal to require extended or clarified reasons. The EAT was not under a duty to take a point not made in the notice of appeal.
The Hon Mrs Justice Arden Dbe
Gazette 23-May-2002, [2002] EWCA Civ 553, [2002] ICR 1101, [2002] IRLR 735
Bailii
Employment Appeal Tribunals Act 1996 35
England and Wales
Citing:
Appeal from – Tran v Greenwich Vietnam Community Project EAT 5-Apr-2001
The applicant appealed a rejection of his claim for unfair dismissal. He claimed that the management committee of the organisation had both investigated the complaint and adjudicated upon it, and that the organization’s procedures did not allow for . .
Cited by:
Cited – Barke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
Cited – Mars UK Ltd T/A Masterfoods v K Parker EAT 24-Oct-2005
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act . .
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
Leading Case
Updated: 11 November 2021; Ref: scu.170239