Rutherford (t/a Carmel Nursing Home) v Henderson [1998] UKEAT 844_97_0805 (8 May 1998)

It is arguable that the Industrial Tribunal erred by deciding the case on grounds not clearly raised in the applicant's IT1 and without giving the absent respondents notice or opportunity to address the expanded claim, thus potentially denying procedural fairness.

Citation: [1998] UKEAT 844_97_0805
Parties: Appellants: W & M Rutherford; Applicant/complainant: Mrs Henderson
Jurisdiction: United Kingdom
Judgment Date: 08 May 1998
Procedural Posture: Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal
Outcome: Part of the appeal allowed to proceed to full hearing; ground of bias struck out.
Legal Topics: Unlawful Deduction From Wages, Holiday Pay, Procedural Fairness, Bias in Tribunal Proceedings

Employment Law Unlawful Deduction From Wages Holiday Pay Procedural Fairness Bias in Tribunal Proceedings

Case Brief

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Parties

W & M Rutherford

Appellants

Mrs Henderson

Applicant/complainant

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal

Legal Issues

1 Whether the Industrial Tribunal exceeded the scope of the applicant's pleaded case
2 Whether the respondents were denied procedural fairness by not being notified of the expanded claim
3 Whether there was bias on the part of the Chairman

Ratio Decidendi

Court Disposition

Part of the appeal allowed to proceed to full hearing; ground of bias struck out.

Orders

Notice of Appeal to proceed to full hearing except for the bias ground, which must be struck out.
Appellants given 14 days to amend Notice of Appeal to clarify arguable grounds.