CFS Management Services v (1) Bashir (2) Woodward - should the EAT remit or decide the matter for itself?
When an appeal against a conduct dismissal succeeds, the nature of the appeal findings will dictate whether the EAT can substitute its own decision or must remit the matter for a fresh hearing: a successful perversity challenge will probably lead to the latter.
Mr Bashir and Mr Woodward succeeded in employment tribunal claims for unfair dismissal. These were majority decisions, with the Employment Judge being the dissenting minority, based upon disparity of treatment in disciplinary proceedings.
CFS Management Services appealed to the EAT - and won.