No Second Chances
by Liam
The EAT has handed down judgment in a case that reminds advocates of the importance of dealing with any point raised by their opponent with which they disagree.
One barrister told a Tribunal that a point regarding regulation 8(7) of TUPE 2006 was not in dispute. The opposing barrister did not dispute this statement. On appeal, the opposing barrister sought to appeal the Tribunal’s finding on the regulation 8(7) point as well as another, unrelated, point. The appeal was dismissed. It was not open to the EAT to re-open a point that had been raised at an earlier hearing and dealt with without objection.
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