Source: All England Reporter
Publisher Citation: [2007] All ER (D) 61 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark, Mr C Edwards, Mr A Stanworth
Representation The claimant appeared by her representative.
  Lorna Findlay (instructed by Mirza Ahmad, Birmingham) for the local authority.
Judgment Dates: 27 September 2006

Catchwords

Employment tribunal - Procedure - Hearing - Tribunal formulating and adjudicating issue not raised by parties - Whether tribunal exceeding its jurisdiction.

The Case

In disability discrimination proceedings against a local authority, where the substantive hearing had proceeded on the basis of two issues, pursuant to a case management discussion, but the employment tribunal had decided the matter on a third issue which it had raised itself, the tribunal had overstepped the boundary of providing proper assistance to the claimant, so that an injustice had been suffered by the local authority.

Practice Areas

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