header-logo header-logo

04 October 2007
Issue: 7291 / Categories: Legal News , Tribunals , Employment
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll