Boothe v The Governing Body of Toynbee School: EAT 25 Aug 2015

EAT Practice and Procedure : New Evidence On Appeal – PRACTICE AND PROCEDURE – Postponement or stay
PRACTICE AND PROCEDURE – Striking-out/dismissal
Teacher dismissed on capability grounds. Claims of unfair dismissal and disability discrimination struck out because: (1) failure to comply with case management directions; and (2) fair trial impossible.
On appeal:
(1) Fresh Evidence. Application to adduce fresh medical evidence on the appeal refused because: (a) application had been made to the Tribunal for reconsideration [to introduce it], that application had been refused and there had been no appeal; (b) the EAT Practice Direction had not been complied with; (c) the evidence could have been obtained earlier with reasonable diligence; and (d) earlier medical evidence had been impugned on the basis of its veracity and similar points might have been taken [had the opportunity been provided] on the new evidence.
(2) Postponement. The Tribunal had sufficiently dealt with an application to postpone the hearing before them. They had reviewed the long history of applications to postpone made earlier and in respect of earlier hearings. Their decision to proceed rather than postpone was not made in error of law.
(3) Striking out. The Tribunal had been entitled to find that the Claimant had failed to comply with case management orders without just cause and that her conduct of the litigation had made the fair determination of the claims impracticable.

[2015] UKEAT 0135 – 15 – 2508
England and Wales


Updated: 06 January 2022; Ref: scu.554874