Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEmployment tribunals

Court of Appeal defends employment tribunal system

by Laura Chamberlain 1 Aug 2011
by Laura Chamberlain 1 Aug 2011

The Court of Appeal has used a judgment in a long-running appeal case to defend the employment tribunal system.

Lord Justice Mummery, former Employment Appeal Tribunal (EAT) president, defended the workings of employment tribunals as he rejected an appeal case that had previously been criticised at the EAT for using so much public time and money.

Elsie Gayle had appealed against the EAT’s rejection of her claim that she was penalised by the Sandwell and West Birmingham Hospitals NHS Trust for taking part in trade union activities.

Mummery defended the amount of time the case had taken up, explaining that it was not usual of the workings of the tribunal system.

“Ms Gayle’s litigation has now reached the third level of decision,” he said. “That is not typical: most employment disputes do not even go one round, because they are settled through the good sense of the parties or thanks to the good offices of Acas. When they are contested, the vast majority of cases only go one round.”

He also noted that it takes longer than “most people begin to appreciate” for the employment tribunal to establish the facts and to assimilate, organise and analyse the evidence.

He added: “In every case, the parties, who both think they have a good case, are entitled to expect that their case will be dealt with justly. That takes time, care and patience, as well as specialist knowledge.”

John Read, employment law editor at XpertHR, explained in XpertHR’s Tribunal Watch blog that Mummery’s comments were an unusual addition to a Court of Appeal judgment.

“Sitting judges are not especially prone to releasing press statements about their views on legal matters, and Mummery seems to have seen the Gayle case as a good opportunity to make his strong feelings on the matter known, given the EAT’s statement [when rejecting all but one of Ms Gayle’s various complaints] that it was ‘a matter of great regret that so much public money and time has been spent on this matter’.”

Further information and insight into Mummery’s comments are available on the XpertHR Tribunal Watch blog.

Avatar
Laura Chamberlain

previous post
Legal opinion: Incentivising staff in challenging economic conditions
next post
Supreme Court rejects appeal against Sharon Shoesmith ruling

You may also like

Ralph Lauren stylist ‘traumatised’ by racial comments

26 Sep 2023

AI in employment: the pitfalls and laws on...

21 Sep 2023

CIPD publishes manifesto for good work

20 Sep 2023

Right to predictable working hours receives Royal Assent

19 Sep 2023

Author appealing ‘worker’ status ruling that blocked belief...

15 Sep 2023

Employee’s ill-health dismissal was by mutual consent, finds...

13 Sep 2023

TUPE: Share plan transferred to new employer, judge...

7 Sep 2023

Personnel Today Awards 2023 shortlist: Employment Law Firm...

7 Sep 2023

AI taskforce launched to address gaps in law

4 Sep 2023

Strikes Act consultation aims to establish minimum service...

25 Aug 2023

  • Discover the value of CIPD accreditation PROMOTED | See how the CIPD can increase your earning potential...Read more
  • What does it mean to be an HR professional in 2024? (survey) PROMOTED | The world of HR is changing rapidly...Read more
  • The Contractor Management Mastery Pack: Everything you need to manage and pay global contractors PROMOTED | Answers to cross-border...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+