In the EAT, as in life, the pendulum may ‘swing’ one way or the other, and then later swing back. Ian Smith explains all in this month’s update
- Termination by agreement as an alternative to dismissal (Riley v Direct Line Insurance Group plc).
- Time limit in a case of failure to do something (Fernandez v Department of Work and Pensions).
- The form of employment tribunal judgments and the attitude of the Employment Appeal Tribunal to them (Edwards v Pick Everard).
The question as to the extent to which appellate courts and tribunals should give guidance to employment tribunals (ETs) on particular areas of employment law has historically shifted around. After unfair dismissal came in in 1972, there followed a period of judicial activism in this area, given that it was entirely new law and the aim was to ensure a reasonable level of consistency between ETs in different parts of the country in relation to frequently-recurring employment problems. This can still be seen in formative
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