Saha v Capita Plc [2018] UKEAT 0080/18

ET can depart from agreed list of issues

In this case the EAT held that, in circumstances where a list of issues agreed at the outset categorised an allegation as a working time claim and not as a protected disclosure claim, an ET should have departed from the agreed list. In this case, to have not departed from the agreed list would have impaired the discharge of the ET’s duty to determine the case in accordance with the law and the evidence.

Ms Saha in person

David Maxwell (instructed by Irwin Mitchell)

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