EAT Disability Discrimination : Disability – PRACTICE AND PROCEDURE – Review – PRACTICE AND PROCEDURE – New evidence on appeal
Initial finding that the Appellant was not disabled confirmed by the Employment Judge at the Reconsideration Hearing after admitting fresh evidence (GP surgery notes not produced to the Appellant before the initial Employment Tribunal hearing). Appeal against the Reconsideration Decision dismissed; GP certificates that the Appellant was unfit for work are not determinative of the substantial effect question. Decision not perverse.
Application to admit (further) fresh evidence on appeal refused. That material could have been adduced below. Ladd v Marshall test applied.
Peter Calrk HHJ
[2016] UKEAT 0119 – 16 – 2109
Bailii
England and Wales
Employment, Discrimination
Updated: 25 January 2022; Ref: scu.570977
