EAT PRACTICE AND PROCEDURE – New evidence on appeal
UNFAIR DISMISSAL – Compensation
CONTRACT OF EMPLOYMENT – Written particulars
Admitting fresh evidence on appeal which ought to have been admitted by Employment Tribunal on review. It related to a matter not in issue at the original hearing but adjudicated on by Employment Tribunal. As a result of the new evidence (Claimant’s letter of appointment setting out his terms and conditions) an award under s38 Employment Act 2002 was set aside.
The remainder of the appeal failed. A final payment on termination of employment extinguished Claimant’s right to PILON. It did not affect Employment Tribunal’s award of two weeks loss of pay by way of compensatory award where dismissal for redundancy would have been delayed by two weeks had proper consultation taken place.
Judges:
Peter Clark J
Citations:
[2011] UKEAT 0248 – 10 – 2402
Links:
Employment
Updated: 04 September 2022; Ref: scu.430659