EAT PRACTICE AND PROCEDURE – New evidence on appeal
Tribunal holds that Appellant failed to lodge written grievance with employer and that it accordingly had no jurisdiction by reason of s32 of the Employment Act 2002 – Appellant seeks to adduce evidence of colleague not called at hearing proving receipt of grievance.
Held – Appellant had not demonstrated that with reasonable diligence he could not have called the witness first time round – Ladd v Marshall applied.
Guidance offered that in almost all circumstances parties seeking to rely on fresh evidence should seek to proceed in the Employment Tribunal by way of review rather than by way of appeal; and that appeals to the EAT based on fresh evidence would normally be stayed pending a review application (even if not dismissed for lack of jurisdiction).
[2010] UKEAT 1570 – 09 – 2104
Bailii
England and Wales
Employment
Updated: 09 January 2022; Ref: scu.416800