Duty on tribunals to inform the parties of relevant law

Case 3: The facts

Ms Sheridan claimed unfair dismissal and a tribunal found in her favour. It was only when the hearing to discuss her compensation took place that her employer found evidence which pointed away from her right to claim constructive dismissal. The employer applied for a review of the decision and this was rejected. At that hearing the tribunal referred to legal cases not raised by either party.

The ruling

The Court of Appeal ruled that the fact that the tribunal had failed to draw the cases to the attention of the parties, prior to issuing its ruling, was not in breach of natural justice and the right to a fair hearing. This action could only be challenged if what happened was seriously irregular and unfair and where the legal cases were central to the decision and influential in shaping the judgement. This was not the case and therefore the tribunal ruling could stand.

* Stanley Cole (Wainfleet) v Sheridan [2003] IRLR 885