Powers of Appeal Tribunal
Part II The Employment Appeal Tribunal
(1)For the purpose of disposing of an appeal, the Appeal Tribunal may—
(a)exercise any of the powers of the body or officer from whom the appeal was brought, or
(b)remit the case to that body or officer.
(2)Any decision or award of the Appeal Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision or award of the body or officer from whom the appeal was brought.
“the Appeal Tribunal” means the Employment Appeal Tribunal,
Defined in s.42(1) · see it in the full ActThe provision gives the Employment Appeal Tribunal a choice between exercising the powers of the body appealed from and remitting the case. That choice remains subject to the established limits on appellate fact-finding and substitution (see paras [11]; [16]; [20]). The Employment Appeal Tribunal may exercise the powers of the tribunal appealed from. Parties may consent to its deciding a case even where the appeal does not otherwise satisfy the only-one-outcome threshold (see para [20]). The Employment Appeal Tribunal may remit a case to the body from which the appeal was brought. Remittal is required where correcting the legal error leaves more than one legitimate factual conclusion open (see paras [11]; [16]; [24]-[25]).
Section 35(1) permits the Employment Appeal Tribunal, for disposing of an appeal, to exercise the first-instance tribunal’s powers or remit the case. It authorised the Tribunal to determine disparate impact where the correct pool left only one permissible conclusion and to remit only justification. (see paras [19]-[23])
Applies s.35 to confirm that the EAT may exercise the lower tribunal’s powers or remit a case. In the circumstances, the discretion permitted dismissal after the Employment Tribunal’s error of law because the remaining findings could not sustain victimisation. (see paras [20]-[22])
113 more judgments, and what each says about section 35, are in the case-law panel in the full Act.