The full ICR report, including the judgment, is available from emplaw - click here for details
Representation:-
Michael Norman instructed by Dutton Gregory for Woodhouse School, the Appellant
Stephen Whale instructed by the Stokes Partnership for Mr Webster, the respondent.
Authority for the propositions that:-
- an employment tribunal can properly reach a conclusion, on evidence before it, that neither side contended for.
- the Burns/Barke procedure (available where the EAT considers that there is possibly an inadequacy in the reasons given by an employment tribunal for its decision) must be used only with great care.
For relevant general notes go to Appeals/fact or law? and/or Constructive dismissal/a general note and/or Burns v Consignia plc (No 2) EAT 2004 ICR 1103
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prepared March2009.