Maunders v Wellwise Group (Wellwise Oilfield Services Ltd) & Ors (Practice and Procedure) [2012] UKEAT 0490_11_2206 (22 June 2012)

Maunders v Wellwise Group (Wellwise Oilfield Services Ltd) & Ors (Practice and Procedure) [2012] UKEAT 0490_11_2206 (22 June 2012)

It was a material procedural irregularity for the Tribunal to determine a substantive factual issue affecting the Fourth Respondent without allowing that party a proper opportunity to participate. The only remedy is to remit the case for rehearing before a panel of three, with the same judge presiding if practicable.

Citation
[2012] UKEAT 0490_11_2206
Parties
Appellant: Claimant; Respondent: Second Respondent (Total); Respondent: Fourth Respondent (Jacobs)
Jurisdiction
United Kingdom
Judgment Date
22 June 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision; Application for Remission
Outcome
Appeal allowed in part; case remitted for rehearing as between Claimant and Fourth Respondent.
Legal Topics
Right to Be Heard, Blacklisting, Trade Union Activities, Procedural Fairness, Remission of Case, Panel Composition
Employment Law Discrimination Law Procedural Law Right to Be Heard Blacklisting Trade Union Activities Procedural Fairness Remission of Case +1 more

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Parties

Claimant

Appellant

Second Respondent (Total)

Respondent

Fourth Respondent (Jacobs)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision; Application for Remission

Legal Issues

  1. 1 Whether the Employment Tribunal erred by determining a substantive factual issue in the absence of the Fourth Respondent
  2. 2 Whether the Fourth Respondent was denied a fair opportunity to be heard
  3. 3 Whether remission to a panel of three is required

Ratio Decidendi

It was a material procedural irregularity for the Tribunal to determine a substantive factual issue affecting the Fourth Respondent without allowing that party a proper opportunity to participate. The only remedy is to remit the case for rehearing before a panel of three, with the same judge presiding if practicable.

Court Disposition

Appeal allowed in part; case remitted for rehearing as between Claimant and Fourth Respondent.

Orders

  • Remission of the case to the Employment Tribunal for rehearing of the issues as between the Claimant and the Fourth Respondent.
  • The rehearing to be conducted by a panel of three, with the same Employment Judge presiding if practicable.