EAT PRACTICE AND PROCEDURE – Admissibility of evidence
PRACTICE AND PROCEDURE – Case management
Respondent in substantial discrimination claim seeking directions at a case management discussion (a) that evidence which the Claimant sought to call avowedly by way of ‘background’ be excluded as inadmissible because it was of no real relevance and (b) that only sample claims be proceeded with at the forthcoming hearing – Judge declines to make either direction, stating as regards (a) that on the authorities he had no power to do so
As regards (a), held that the Judge had been wrong to hold that he had no such power and that in the circumstances the evidence in question should be excluded – Discussion of applicable principles
As regards (b), appeal not pursued, but some guidance given as to when proceeding by way of sample claims might be appropriate.
Judges:
Underhill P J
Citations:
[2010] UKEAT 0417 – 10 – 1911, [2011] IRLR 209, [2011] ICR 192
Links:
Employment, Evidence
Updated: 27 August 2022; Ref: scu.426458