08 February 2013
Patel v Babcock Airports Ltd UKEAT/0037/12/RN, [2013] All ER (D) 185 (Jan)
Rule 35(3) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, (SI 2004/1861), provided for preliminary consideration of applications for review. Many such applications could properly and fairly be dealt with summarily on paper. Occasionally, however, such an application would be predicated upon an important issue of fact. Rule 35(3) of the Rules was not the appropriate mechanism for deciding issues of fact.
