Practice and Procedure – Review – Appellate jurisdiction/reasons/Burns-Barke
Reconsideration – new evidence – Ladd v Marshall – adequacy of reasons
The Claimant had applied for a reconsideration of an earlier Employment Tribunal Judgment dismissing his claims. His application was made on ‘new evidence’ grounds; specifically he relied on a Judgment of the Crown Court in subsequent criminal proceedings which raised questions as to the credibility of two of the managers who had initiated the disciplinary investigation against the Claimant that had ultimately led to his dismissal by a different manager. The ET rejected the reconsideration application, holding that the new material could not have had an important influence on the original hearing. The Claimant appealed.
Held: dismissing the appeal
The ET had been entitled to conclude that the new evidence would not have had an important influence on the original hearing given that it did not impact upon the decision to dismiss, which had been taken by a different manager, who was not tainted by the Crown Court’s findings.
Citations:
[2018] UKEAT 0032 – 17 – 1902
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 April 2022; Ref: scu.605651