West Yorks Magistrates Courts Service v Smith - Validity of Tribunal’s re-convention for further issue  EAT
Leeds employment tribunal adopted an unusual procedure - after being asked to give written reasons for holding that an employee had been unfairly dismissed the tribunal informed the parties that they now felt they had to consider a point which they had not considered fully before, viz whether the employer reasonably believed in the employee's misconduct. A further hearing followed and the original decision was confirmed.
The employer appealed.
The EAT dismissed the appeal, holding that this procedure was acceptable although "hopefully unusual".