EAT: withdrawing concessions and arguing new points

In Secretary of State for Health & ors v Rance & ors [2007] IRLR 665, HHJ McMullen reviews the authorities on when the EAT will be prepared to entertain a new point of law or permit a concession to be withdrawn, and sets out at paragraph 50 of his judgment the principles that he draws from them, as well as finding 3 new relevant factors in Rance itself.

Witness orders

In Balmain v Atlas Cleaning Ltd the employer said that it had dismissed the claimants because the manager of the shop where they worked as cleaners had required them to be removed from that work. The claimants sought a witness order to compel the manager to appear as a witness at the hearing of the unfair dismissal claim, but the tribunal refused. The EAT allowed the claimants’ appeal, saying the witness was plainly one who had potentially relevant evidence to give.