Walker v Barnes

Walker v Barnes

Permission to appeal is granted because it is arguable that the EAT's basis for remitting the case was not justified and that the Chairman was better placed to assess the impact of the new evidence on the outcome.

Parties
Appellant/respondent: Mr E Walker; Respondent/applicant: Mr S Barnes
Jurisdiction
England and Wales
Judgment Date
26 May 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
Permission to appeal granted
Legal Topics
Unfair Dismissal, Review of Tribunal Decisions, Remission of Cases
Employment Law Unfair Dismissal Review of Tribunal Decisions Remission of Cases

Case Brief

Summary, issues, holding and outcome

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Parties

Mr E Walker

Appellant/respondent

Mr S Barnes

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal was correct to order a review hearing on the issue of deduction from compensation due to alleged contributory conduct by Mr Barnes
  2. 2 Whether the Chairman of the Employment Tribunal erred in refusing a review based on new evidence

Ratio Decidendi

Permission to appeal is granted because it is arguable that the EAT's basis for remitting the case was not justified and that the Chairman was better placed to assess the impact of the new evidence on the outcome.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed