“…sion, it should be to EJ Ayre. Both counsel relied on the well-known decision of the EAT (Burton J presiding) in Sinclair Roche & Temperley v Heard and Fellows [2004] IRLR 763, in particular at paragraph 46.…”
“…in that it failed to consider or apply the guidance in (i) Jafri as to whether a case needed to be remitted at all, and (ii) Sinclair Roche & Temperley v Heard [2004] IRLR 763 as to whether the case should be remitted to the same, or a freshly constituted, tribunal.…”