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04 October 2007
Issue: 7291 / Categories: Legal News , Tribunals , Employment
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No second bite of the cherry, EAT rules

News

Employment tribunal parties can not introduce fresh evidence as a ground for appeal, the Employment Appeal Tribunal (EAT) has confirmed.
In Hygia Professional Training v Cutter an employee was sacked for trying to poach customers while still employed. At the original tribunal hearing, the employer put forward no firm evidence of the poaching, claiming it was not aware it had to do so.

After its case was dismissed, the employer obtained four witness statements which, if accepted, would be quite compelling evidence that the ex-employee had been approaching clients to solicit work while still employed.

The EAT, however, ruled that this did not mean the employer could have a second bite at the cherry even if the new evidence was both credible and relevant: the employer should have produced the evidence at the initial hearing and neither ignorance nor possibly incompetent advice from the employer’s employment consultants changed this.

Jeremy Nixon, a consultant in the employment team at Bird & Bird, says the EAT’s judgment in this case is unlikely to surprise many employment lawyers.

“As the EAT made clear, there are significant public policy factors which support the principle that cases should, subject to the right to appeal on specific points, be heard only once. The case highlights the fact that parties and their advisers must ensure that all relevant evidence is placed before the tribunal at the initial hearing as they cannot rely on having a ‘second bite at the cherry’. As with many things, preparation for tribunal hearings is the key to success.”

Issue: 7291 / Categories: Legal News , Tribunals , Employment
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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