davis_cornwallEAT0314
EAT PRACTICE AND PROCEDURE – Review
The Claimant was dismissed by the Respondents after a lengthy history. The Employment Tribunal found that the dismissal was for some other substantial reason, namely a breakdown of trust and confidence.
Subsequently the Claimant discovered, through freedom of information requests, relevant documents which had not been disclosed by the Respondents as they should have been; and she applied for a review. The ET rejected the application; and she appealed to the EAT.
Held
1 The Tribunal had a broad discretion; see Newcastle on Tyne City Council v Marsden (2010 ICR 743). It had not been shown that they had erred in principle in reaching their decision on the review application.
2 The Tribunal were entitled, in exercising that discretion, to take into account factors such as the prospects that, if there were to be a rehearing, and the dismissal were to be found to have been unfair, the Claimant would be found to have been guilty of substantial or 100% contributory fault and the time which had passed between the relevant events and any rehearing.
3 The Tribunal had considered the relevant factors; the result of their assessment of those factors was an issue of fact which the Tribunal had to decide. They were in the best position to make that decision. Perversity had not been overwhelmingly established.
Appeal dismissed.
Burke QC J
[2013] UKEAT 0052 – 13 – 0604
Bailii
England and Wales
Employment
Updated: 10 November 2021; Ref: scu.522143