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Employment Appeal Tribunal Grounds

December 8, 2011
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Grounds for Employment Appeal tribunal notice of application:

Ground 1 Perverse findings of fact amounting to an error of law and erring on a point of law

The legal basis for Ground 1 comes from Chiu v British Aerospace plc [1982] IRLR 56 where it was held that an employment tribunal could only be described as perverse where no tribunal, properly directed in law, could have reached the decision that the particular tribunal has reached. Further it was held in Neale v County Council of Hereford and Worcester r 1986] IRLR 168 Where the court of appeal held “neither the EAT nor this Court should disturb their decision unless one can say in effect: ‘My goodness, that was certainly wrong’.”  Further in Piggott Brothers v Jackson [1992] ICR 85 Appellate courts should look to see if the finding of fact could be supported by any evidence. The Claimant also seeks to rely on Stewart v Cleveland Guest (Engineering) Ltd [1994] lRLR 443, where it was held that “[The EAT) should only interfere with the decision of the Industrial Tribunal where the conclusion [The EAT] should only interfere with the decision of the Industrial tribunal where the conclusion is very clearly wrong’ or ‘must be wrong’ or ‘is plainly wrong’ or ‘is not a permissible option’ or ‘is fundamentally wrong’ or ‘is outrageous’ or ‘makes absolutely no sense’ or ‘flies in the face of properly informed logic’.” This was supported in Yeboah v Crofton [2002] EWCA Civ 794.

Ground 2 Inadequate Reasoning

In Meek v City of Birmingham DC [1987] IRLR 250 it was held that there should be sufficient account of the facts and of the reasoning to enable the EAT or, on further appeal, this court to see whether any question of law arises”.  In English v Emery Reimbold & Strick Ltd [2002] EWCA Civ 605 the judgment in breach of Article 6 of the European Convention on Human rights must lack sufficient reasoning to this extent.

Ground 3 Error of Law

Error in application of particular legislation or case law.

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Key UK Employment Law Cases and Legislation Brief Selection

November 20, 2011
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Constructive Dismissal Grounds
Fairbrother v Abbey National plc [2007] IRLR 320 EAT obligation to ascertain:

1.What the conduct of the employer complained of is,

2.Consider whether the employer had reasonable and proper calls for the conduct including consideration of whether it its actions was within the range of reasonable responses and if not
3.Was the conduct complained of calculating to destroy or seriously damaged the employer/employee relationship of trust and confidence.

Reasonable band of responses as held in Iceland Frozen Foods Ltd v Jones [1982] IRLR 439 and Foley v Post Office; HSBC Bank plc v Madden [2000] IRLR 827 CA.

Section 123 of the Equality Act 2011: Discretion to extend time for submission of the ET1 when it is just and equitable to do so.

Dedman v British Building and Engineering Appliances Ltd [1974] ICR 53 which states that a liberal interpretation in favour of the employee should be adopted by the tribunal.

British Coal Corporation v Keeble [1997] IRLR 336 as referred to by Judge McMullen QC in Chohan v Derby Law Centre [2004] IRLR 685 which states that the availability of legal advice is a relevant question, to decide when considering whether it is just and equitable to extend the time limit for submission.

In Berry v Ravensbourne National Health Service Trust [1993] ICR 871, it was held that where an unfair dismissal claim was followed by a claim of race discrimination 8 months later, as the facts overlapped it was just and equitable in the circumstances for the time for submission of the race discrimination claim to be extended.

Virdi v Commissioner of Police of the Metropolis [2007] IRLR 24 it was held that the fault of a solicitor will be a “highly material” factor in deciding whether to extend time on a just and equitable basis to allow a complaint of discrimination to proceed out of time.

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