An employment tribunal is not entitled to rely on a list of issues that miscategorises the claim before them.
The Claimant, an accountant, wrote to several senior managers at her employer advising she would not work the proposed hours for year-end as they were detrimental to her health and safety, and breached the Working Time Regulations. She was offered £10,000 to terminate her employment a few days later. She then lodged several claims before the employment tribunal, representing herself.
The tribunal set out the matters relating to the email as two issues in a list of issues, to which the Claimant did not object, as a protected disclosure detriment claim, and a working time detriment claim. However, both had been pleaded as protected disclosures.
The EAT rejected the submission that a tribunal was bound by its list of issues. The core duty of the tribunal was to determine cases in accordance with the law and the evidence.