This case confirms that if the EAT finds that an employment tribunal has failed to give adequate reasons for its decision it can direct that the original employment tribunal provide fuller reasons for its decision rather than remit the matter back to the tribunal for rehearing.

The Court of Appeal has approved this practice ( Barke v SEETEC Business Technology Centre Ltd CA 2005 ICR 1373, [2005] EWCA CIV 578, on 16th May 2005). However it has also held that it is to be used sparingly.

Given the names of this cases endorsing it, the procedure is now commonly known as "the Burns/Barke Procedure".

For relevant general notes see Employment Appeal Tribunal/Burns-Barke Procedure and/or Employment Appeal Tribunal/procedure for appellant and/or Appeals/to the Court of Appeal