||All England Reporter
|| All ER (D) 414 (Apr)
|| EWCA Civ 435
||Court of Appeal, Civil Division
Buxton, Smith and Wall LJJ
||30 April 2008
Employment tribunal - Procedure - Decision - Correction - Slip rule - Remedies hearing - Tribunal seeking to include finding of direct sex discrimination and victimisation into original judgment under slip rule - Whether tribunal acting outside of its jurisdiction - Whether Employment Appeal Tribunal having power to correct error of law - Employment Tribunal Constitution and Rules of Procedure Regulations 2004, 1, para 37(1).
Having regard to the overriding objective of the CPR merely because the employment tribunal had committed an error in law in using the slip rule in para37 of Sch1 to Employment Tribunal Constitution and Rules of Procedure Regulations 2004, , it did not follow that the EAT was constrained to conclude that the original decision had to stand. Although the error could not be corrected by way of review, either on the application of either party or by the tribunal acting of its own accord, the Employment Appeal Tribunal had jurisdiction, under the procedure (which permitted the Employment Appeal Tribunal to invite the tribunal to clarify, supplement or give its written reasons before proceeding to a final determination of the appeal) before disposing finally of the appeal to invite the tribunal to clarify its reasoning and its findings. In the alternative, where the issue only arose in the remedies hearing, the Employment Appeal Tribunal would have the jurisdiction to dispose finally of the appeal by remitting it to the tribunal with a direction for it to continue its remedies hearing on the correct basis.
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