Clapson v. British Airways Plc [2001] UKEAT 1266_00_1201 (12 January 2001)

Clapson v. British Airways Plc [2001] UKEAT 1266_00_1201 (12 January 2001)

The Employment Tribunal has an express and unrestricted statutory power to call a witness of its own motion under paragraph 4(2) of Schedule 1 to the 1993 Regulations, and the tribunal's exercise of that power in this case was not so unreasonable as to warrant interference on appeal.

Citation
[2001] UKEAT 1266_00_1201
Parties
Appellant: Mr Clapson; Respondent: British Airways
Jurisdiction
United Kingdom
Judgment Date
12 January 2001
Procedural Posture
Employment Appeal / Interlocutory Appeal
Outcome
Appeal dismissed
Legal Topics
Tribunal Powers, Calling Witnesses, Unfair Dismissal, Procedural Discretion
Employment Law Civil Procedure Tribunal Powers Calling Witnesses Unfair Dismissal Procedural Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Clapson

Appellant

British Airways

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal

Legal Issues

  1. 1 Whether an Employment Tribunal has power to call a witness of its own motion under the 1993 Regulations
  2. 2 Whether the tribunal correctly exercised that power in this case

Ratio Decidendi

The Employment Tribunal has an express and unrestricted statutory power to call a witness of its own motion under paragraph 4(2) of Schedule 1 to the 1993 Regulations, and the tribunal's exercise of that power in this case was not so unreasonable as to warrant interference on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.