London United Busways Ltd v Harry (2023)

ET had held that the Claimant had been unfairly dismissed on the basis of issues that had not been raised by / argued by the Claimant. Accordingly, the Respondent appealed to the EAT on the basis that because the issues had never been raised / argued, the Respondent had not been provided with a fair opportunity to address those issues in their defence. The EAT agreed and allowed the appeal, setting aside the judgment, and remitted the case back to the ET to be reheard by a different judge. The EAT held that: "The Employment Judge's failure to raise either of these issues with the Respondent’s witnesses or in argument during the hearing means that her decision on the fairness of the Claimant's dismissal cannot stand. It is a basic principle of fairness that parties or their representatives should be given the opportunity to be heard on any issue in the case that is likely to be relevant to the decision."