Employment appeal

[Panga]

Hi,if you take a company to an employment tribunal and you lose the case,you put in an appeal which is turned down by the registrar as he claims theres no points of law.You then try for a judical review,the registrar who turned down the appeal writes back and says that the appeal judge has ask him(the registrar)to write back to me and the judge is of the same opinion as himself,theres no points in law and and as such the case is finished.
Is that procedure correct,can a registrar weite back on behalf of a judge?

[Peridot]

Hi Panga,

I think we'll need a bit more information on what it is you're actually appealing. Employment Appeal Tribunals are very difficult and the issues that can be raised are very limited. Appeals challenging a tribunals findings in relation to the facts of the matter very rarely succeed and it is not usual for the EAT to allow new points to be made or fresh evidence to be considered.

The Employment Appeals Tribunal (EAT) will only entertain an appeal on a point of law rather than an issue of fact. A point of law is where:

1. •
   the employment tribunal misdirected itself in law, or
2. •
   there was no evidence to support a particular finding of fact made by the tribunal, or
   •

• the tribunal's decision was perverse in some other way

It would not be unusual for a clerk to respond on behalf of the Judge. As we know very little about the matter it is not clear whether the appeal is actually on a point of law or not. A little more information may help.

[Panga]

Thanks for the reply peridot.
just a question before i tell you what happened,you said that it would not be unusual for a clerk to respond on behalf of a judge,how do you know if the judge has even looked at the case

[Peridot]

I suppose you don't know but have to accept that they wouldn't lie to you I'm afraid. In all my years dealing with Court matters (not tribunal admittedly) I have never known a Judge to respond personally. Any correspondence would always come from HMCTS clerks confirming papers/question put before the judge and their comments.

I would go back to the original response at post #2 about the only reason an appeal would be allowed would be an error in the application of the law, not on any facts in the matter. So unless this is a misapplication of the law you would be unable to appeal the decision in any event.

I get the impression you don't trust the clerk hence you suspect they didn't actually show the Judge the papers. The only way we can give any further guidance would be knowing a few more facts about what happened (without disclosing the parties or so much detail the other side could guess of course). We may then be in a position to guide you as to whether this is a question of law or not so at least you would be in a better position to argue with the tribunal if it is a point of law?

Sorry we can't really be more helpful without more information on your matter.