There is a mandatory requirement pursuant to rule 72(1) of the Employment Tribunal Rules 2013 for an employment judge to determine whether there are reasonable prospects of a judgment being varied or revoked before seeking the other party’s response and the views of the parties as to whether the matter can be determined without a hearing, potentially giving any provisional view, and deciding how the reconsideration application will be determined for the purposes of rule 72(2).
The employment judge did not err in law by refusing permission to the respondent to call expert evidence. Expert evidence can only be relied upon with the permission of the employment tribunal and should be limited to that reasonably required to resolve the issues.
In the circumstances of this case, the employment judge did not err in refusing to stay orders to prepare for the reconsideration and the remedy hearing, pending determination of the appeal.
Citations:
[2021] UKEAT 0022 – 21 – 2603
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 December 2022; Ref: scu.661707