The EAT has a discretion to allow argument on points conceded at employment tribunal level, but will only exercise that discretion if there are exceptionally compelling reasons to do so.
This case is a complicated example of the EAT allowing points conceded at Tribunal to be reopened, in cases concerning large numbers of claims by part timers for the right to join occupational pension schemes in the health service (part of the Preston litigation).
The headnote states that "exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in mass litigation affecting 11,000 NHS employees; the mistake was administrative not tactical, the Respondents applied in each case for a review to the Employment Tribunal, as well as appealing. There had been no first instance full hearing of the Claimants’ cases, the matter being handled according to national protocols, and no further investigation into the facts was required in order to do justice"
Secretary of State for Health & anor v Prance & ors
Thanks to www.emplaw.co.uk for giving me permission to adopt their summary of this case.