If reference needs to be made to the evidence for the purposes of a statutory appeal, the ordinary resort is to as much of the documentation and notes of evidence as will help to determine what material basis there was for the impugned part of the decision. Amongst the cases in which Chairman’s Notes can properly be ordered is a case where it is said that evidence was given but where no findings as to that evidence are to be found in the decision of the Employment Tribunal in question. Where there is an allegation of perversity in the sense that no Industrial Tribunal properly directed could have reached the conclusion which the tribunal did, that that was a permissible ground on the basis of which an order for the production of the Chairman’s Notes might be made. They will not be ordered where a party is on a ‘fishing expedition’, casting around for possible grounds of appeal, or so that a party can check the reasoning of the Tribunal.
Judges:
Browne-Wilkinson J P
Citations:
[1981] ICR 811
Jurisdiction:
England and Wales
Cited by:
Cited – Oxfordshire County Council v GB and Others CA 22-Aug-2001
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, . .
Cited – Hitt v Lightning Despatch Ltd EAT 20-Feb-1997
Application for order to Tribunal chairman to produce his notes of Evidence.
Held: The court would have been ready to cut through the requirements established in Webb and the relevant Practice Note if that were required to do justice to the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 April 2022; Ref: scu.224964