(Practice and Procedure: Review) – New evidence on appeal – Disability related discrimination
The Employment Appeal Tribunal (‘the EAT’) dismissed an appeal against a Decision of the Employment Tribunal (‘the ET’) refusing to reconsider an earlier Decision (‘Decision 1’). The EAT held that the application for a review did not explain what was said to be wrong with Decision 1, and that the ET was not obliged to carry out a general re-investigation of Decision 1 in order to see whether it could detect any error in Decision 1. The ET refused to reconsider Decision 1 on the grounds that there was no reasonable prospect that Decision 1 would be revised or revoked and that the application for a review was out of time, and no reasons had been given for the delay. The EAT did need to, and did not, decide whether or not the ET was entitled to refuse to reconsider Decision 1 on the grounds that the application was out of time. On the face of it, there was no flaw in the ET’s approach. However there had been various procedural mishaps. The EAT would have required those to have been investigated before it could reach a final view on this issue.
Citations:
[2016] UKEAT 0231 – 15 – 2411
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 February 2022; Ref: scu.577865