Ashton & Anor v Burbage and District Constitutional Club - Rare example of appellate interference in exercise of EJ discretion [2012] EAT

Normally the EAT will not interfere with the decision of a tribunal judge in the exercise of his discretion, such as refusing to allow an adjournment. On the rare occasions, however, where a decision is made based on an erroneous reason which goes "right to the root" of the exercise of discretion, then the appellate court is justified in interfering.

Mr and Mrs Ashton were husband and wife stewards at the Burbage and District Constitutional Club. They brought employment tribunal claims for unfair dismissal and money owed, which the Club disputed. Just a few days before the substantive hearing it became apparent that the Ashtons were being accused of dishonesty.

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