header-logo header-logo

02 April 2015 / Ryan Clement
Issue: 7647 / Categories: Features , Employment
printer mail-detail

Back to basics

Chapman v Simon is alive and kicking after 20 years, says Ryan Clement

As advocates in court, as well as in the employment tribunal, it is important to remain focused on what is being alleged by the claimant(s), what has been agreed as being the issues in the case (preferably from the outset of the hearing) and what evidence is needed in law to prove a case. In the heat of an adversarial exchange there is the temptation either to seek to prove or to disprove everything that is raised in witness statements/oral evidence irrespective of their relevance to the issues on which the tribunal has to decide. And, unfortunately, it is just not the advocates. We have seen cases where tribunals themselves have wrongly and/or mistakenly awarded claimants remedies in cases based on findings that were not in fact relevant to the complaint brought or pleaded.

Chapman v Simon

The Court of Appeal authority of Chapman and another (appellants) v Simon (respondent) [1994] IRLR 124 is still alive and kicking after 20 years. In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll