The Employment Tribunal was wrong to refuse permission to the Respondent to rely on similar fact evidence in support of its contention that the Claimant mis-sold contracts and wrongly claimed commission on them. The effect of the evidence was that she had made dishonest commission claims in her previous and subsequently employment. The Employment Tribunal erred in:
(a) relying on the principle of finality in litigation, which was inapplicable;
(b) concluding that the overriding objective favoured excluding the evidence, when it did not; and
(c) not identifying a good reason for excluding relevant evidence.
Citations:
[2020] UKEAT 0315 – 19 – 1011
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 December 2022; Ref: scu.661663
