From News

Case remitted to tribunal for reconsideration: implications - Ham v Governing Body of Beardwood Humanities College [CA] 19.10.17 (Unreported)

Where the EAT had set aside an employment tribunal's finding of unfair dismissal because of errors of law, and had remitted the matter to the tribunal for reconsideration, a claimant could not rely upon the tribunal's earlier remedies judgment in order to impugn the tribunal's conclusions in the remitted liability decision. The process of evaluation at the remedy stage, where the tribunal exercised its discretion on the basis of the facts that had been found, was a wholly different undertaking from that of determining the primary question of unfair dismissal.
Category: Employment » Dismissal; Tribunal procedure; Misconduct. Area(s) of law: Employment.
Source: [2017] EWCA Civ 1629.

View original article