Must findings of fact be made for everything in the list of issues even where no evidence has been given?
No, held the EAT in Kouchalieva v LBTH.
At a preliminary hearing, a list of issues was agreed but, at the final hearing, the unrepresented Claimant did not lead any evidence in relation to a number of issues in that list. The tribunal noted in its reasons that they had not been pursued, found that they were out of time, and declined to extend time.
The EAT concluded that the tribunal was not under a duty to draw the neglected issues to the Claimant's attention. It could not treat the issues as having been withdrawn, but it could take the failure to actively pursue the issues into account in exercising its discretion as to whether to extend the time limit.
Thanks to James Medhurst of Fieldfisher for preparing this case summary.
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