09 October 2008
Bennett v Governing Body of Pennoweth School [2008] All ER (D) 112 (Sep)
In appeals to the Employment Appeal Tribunal, it is only in exceptional circumstances that a new point can properly be raised at the appellate stage.
The essential ingredients of allowing a new point to be taken are: (i) that it is a discrete point which does not require further evidence on remission, particularly a point going to jurisdiction: and (ii) it must be a “knockout point”.
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