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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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