“…ve issues of fact or evaluation, there is only one conclusion to which the ET could properly have come: the same principles apply as in Jafri v Lincoln College [2014] EWCA Civ 449, [2014] ICR 920. On that basis, I do not believe that we can decide the first and third issues and the only proper course is to remit them to the ET. I should …”
“…n 35(1) of the Employment Tribunals Act 1996 in that the decision to remit the matter for consideration was contrary to the guidance in Jafri v Lincoln College [2014] EWCA Civ 449, [2014] IRLR 544 and/or perverse because there is only one available answer.…”
“…ng it himself or (b) there was only one decision to which the ET could properly have come if it had approached the issue correctly (see Jafri v Lincoln College [2014] EWCA Civ 449, [2015] ICR 920). So far as I can see, there was no explicit agreement by the parties to Judge Richardson deciding the point for himself. Accordingly his posit…”