Many appeal cases are not finally resolved by Employment Appeal Tribunal. So when running an appeal case, you need to consider the possibility of it returning to the tribunal. Lawyers often describe this as a case being remitted.
In RBS v Bevan, the EAT considered an appeal against an employment tribunal’s decision that it had not been reasonably practicable for the claimant to…
In general, any good ground of appeal is capable of being summarised in a single sentence. It is useful to do this. It acts as…
Mushett v London Borough of Hounslow gives valuable guidance on when the EAT will extend the deadline for lodging an appeal.
The EAT laid out a series of principles that it would apply. In summary these are:
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reviews the authorities on when the EAT will be prepared to entertain a new point of law or permit a concession to be withdrawn, and sets out at paragraph 50 of his judgment the principles that he draws from them, as well as finding 3 new relevant factors in Rance itself.
Occasionally, it will be useful to know whether the tribunal were taken to a particular document in the bundle. This may become important if, on…
Except in discrimination cases, interest on tribunal awards runs from 42 days after the decision is made. Sometimes, however, the award is altered after the decision is made, following a review or appeal.
In that case, for the purposes of calculating interest the date of the decision remains the date that the original date was made.