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April 2009 Archives - 2/2 - Employment Law Advocates
Malcolm again
01-Apr-2009 / James Medhurst / No Comments
It is usually considered to be a fundamental principle of justice and the finality of litigation that an appeal court cannot overturn a decision unless it identifies an error of law, such as a misdirection, a perverse finding of fact or a procedural error. However, in the case of Hose Express Thurrock v Jacomb, all of the findings reached by the tribunal were overturned as it had used the Clark v Novacold comparator for disability-related discrimination, the House of Lords ...
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